High Court Kerala High Court

S.Kumara Pillai vs Intelligence Inspector on 8 February, 2008

Kerala High Court
S.Kumara Pillai vs Intelligence Inspector on 8 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 4201 of 2008(A)


1. S.KUMARA PILLAI, AGED 69 YEARS,
                      ...  Petitioner

                        Vs



1. INTELLIGENCE INSPECTOR,
                       ...       Respondent

2. INSPECTING ASSISTANT COMMISSIONER,

3. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.C.S.MANU

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :08/02/2008

 O R D E R
                            ANTONY DOMINIC,J.


                            W.P.(C)NO. 4201 of 2008.




         DATED THIS THE 8th  DAY OF  FEBRUARY 2006




                                   JUDGMENT

The petitioner is a registered dealer. A consignment of

imported timber has been detained by Ext.P1 on the allegation

of undervaluation. The petitioner submits that undervaluation

indicated is quantified on the value as per circular No.41/06 and

50/06. While, according to the petitioner, the rates indicated

therein is totally unrealistic, the learned Government Pleader

defends the action by stating that the market value is much more

than what is indicated in the circular. It is also stated that the

fixation of value in the circular has been done with the

concurrence of dealers like the petitioner.

Be that as it may, I feel that this is a matter for enquiry.

Pending such enquiry, I do not think it necessary that the goods

have to be continued under detention, especially as the

petitioner is a registered dealer. Therefore, I direct that if the

petitioner executes the bond without sureties, the respondents

W.P.(C)NO.4201/2008 -2-

shall release the goods to the petitioner subject to enquiry and

adjudication. The writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE

ks.

K.R.UDAYABHANU,J.

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CRL.A.NO. OF 200

JUDGMENT

DATE: ……2006

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