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