IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13340 of 2008(K)
1. M/S.MACC STEELS, UMAYANELLOOR,
... Petitioner
Vs
1. THE INSPECTING ASSISTANT COMMISSIONER
... Respondent
2. THE INTELLIGENCE OFFICER, SQUAD NO.III,
3. THE INTELLIGENCE INSPECTOR,
For Petitioner :SRI.K.G.ANIL BABU
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :22/04/2008
O R D E R
C.N. RAMACHANDRAN NAIR, J.
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W.P.C. NO. 13340 OF 2008
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Dated this the 22nd day of April, 2008
JUDGMENT
Petitioner is challenging demand of redemption fee for release of
goods and truck which carried substantial quantity of steel in excess of
the declared quantity. Strangely, checkpost has not noticed massive
difference in quantity transported that is 2910 Kgs. which has resulted
in failure of short collection of advance tax. First respondent is
directed to refer this case to the Commissioner for conducting enquiry
against the checkpost officials for releasing the goods in excess of the
declared quantity while under transport. Petitioner’s claim for release
of goods without payment of redemption fee is not acceptable.
However, petitioner is free to appear for adjudication before the first
respondent. W.P. is disposed of directing the first respondent to release
the goods pending adjudication if petitioner pays redemption fee for
the goods. If the driver pays redemption fee for the vehicle, the vehicle
will be released to him.
Issue photocopy today itself.
(C.N. RAMACHANDRAN NAIR)
Judge
kk
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