High Court Kerala High Court

G.Satheesh Nair vs Intelligence Inspector on 11 January, 2011

Kerala High Court
G.Satheesh Nair vs Intelligence Inspector on 11 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 804 of 2011(A)


1. G.SATHEESH NAIR, THE MANOR,
                      ...  Petitioner

                        Vs



1. INTELLIGENCE INSPECTOR, SQUAD NO.V,
                       ...       Respondent

2. INSPECTING ASST.COMMISSIONER

                For Petitioner  :SRI.HARISANKAR V. MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :11/01/2011

 O R D E R
                    C.K.ABDUL REHIM, J.

                 -------------------------------------------
                    W.P.(C).No.804 of 2011
                 -------------------------------------------

           Dated this the 11th day of January, 2011


                         J U D G M E N T

———————-

Heard counsel for the petitioner and Government

Pleader appearing for respondents. The petitioner claims

that the entire furniture is meant for own use at two houses

owned by the petitioner, one at Kollam and another at

Ernakulam and the reasons for detention mentioned are not

sustainable. I am not inclined to adjudicate upon

sustainability of the proceedings initiated since an enquiry

has to be followed on the basis of Ext.P9 notice. However,

since the petitioner is not a registered dealer the goods

cannot be released pending enquiry, unless security deposit

is paid or Bank Guarantee is furnished.

2. Learned counsel for the petitioner submits that

pursuant to Ext.P9 notice issued the petitioner had

submitted explanation as per Ext.P10 and produced all the

relevant documents to prove that the goods in question are

intended for own use. Under such circumstances I am of the

view that the matter can be disposed of directing the

W.P.(C).804/11 -2-

authority concerned to expedite the enquiry and to finalise the

same within few days.

3. Accordingly the writ petition is disposed of directing

the 1st respondent to hand over the vehicle along with all the

documents to the competent authority for finalisation of the

enquiry. The competent officer having jurisdiction of the matter

is directed to expedite the enquiry for which the petitioner is

directed to appear before that authority for a personal hearing at

11.00 A.M. on 13.1.2011. The authority shall conduct hearing of

the matter on that day itself or if not possible for any valid

reason on the next working day. The petitioner shall be given

liberty to produce further documents if any available. Orders in

this regard shall be issued by the authority within three days

from the date of hearing of the matter.

4. Needless to say that the steps for release of the goods

shall be taken subject to finalisation of the matter without any

further delay.

C.K.ABDUL REHIM, JUDGE.

okb