Allowed

Rajesh v. State of Kerala

Kerala HC27 Dec 2016WP(C)/41341/2016

Case brief

AI extract

What is this about?

The petitioner challenged notices under Form 17A for detention of vehicle and goods allegedly due to non-declaration. The High Court ordered release of the vehicle and consignment pending adjudication, subject to a deposit of Rs. 50,000 and execution of a self-bond, with disposal of the writ petition.

What did the court decide?

Direction to release vehicle and consignment pending adjudication on condition of depositing Rs.50,000 by 05.01.2017 and executing a self-bond for the balance.

Rajesh Vs State of Kerala — Banking and Recovery | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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TUESDAY, THE 27TH DAY OF DECEMBER 2016/6TH POUSHA, 1938

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WP(C).NO.41341 OF 2016 (P)

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PETITIONER(S):

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RAJESH, S/O.NARAYANAN, AGED 34 YEARS, MANAGING PARTNER, DE NOVO TECHNOLOGIES, NELLIKKATHARAYIL, IV/492, EDAPAL, KANJIRAMUKKU ROAD, KANJIRAMUKKU, P.O.MALAPPURAM-679584, MALAPPURAM DISTRICT.

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BY ADV. SRI.V.RAMKUMAR NAMBIAR

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRERTARY, COMMERCIAL TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2. THE INTELLIGENCE INSPECTOR, SQUAD NO.1, DEPARTMENT OF COMMERCIAL TAXES, PALAKKAD-676001.

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BY SENIOR GOVERNMENT PLEADER SRI.MOHAMMED RAFIQ

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THIS WRIT PETITION(CIVIL)HAVING COME UP FOR ADMISSION ON 27-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).41341/2016(P)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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P1: COPY OF THE CERTIFICATE OF REGISTRATION OF M/S.DE NOVO TECHNOLOGIES ISSUED BY THE COMMERCIAL TAX OFFICER, PONNANI.

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P2: COPY OF THE LICENCE ISSUED BY THE SECRETARY, MARANCHERY GRAMA PANCHAYAT DATED 28.10.2016.

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P3: COPY OF THE RECEIPT ISSUED BY THE TAMIL NADY TRANSPORT DEPARTMENT INDICATING THAT VEHICLE NO.KL 54G/9625 HAS ENTERED TAMIL NADU ON 23.12.2016 AT 6.26 P.M.

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P4: COPY OF THE RECEIPT ISSUED BY THE TAMIL NADU TRANSPORT DEPARTMENT INDICATING THAT VEHICLE NO.KL 54G/8769 HAS ENTERED TAMIL NADU ON 23.12.2016 AT 6.26 P.M.

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P5: COPY OF THE INVOICE DATED 23.12.2016 ISSUED BY BIO CERAMICS, COIMBATORE.

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P6: COPY OF THE INVOICE NO.15 DATED 23.12.2016 ISSUED BY S.M.TRADING COMPANY, COIMBATORE.

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P7: COPY OF THE INVOICE NO.16 DATED 23.12.2016 ISSUED BY S.M.TRADING COMPANY, COIMBATORE.

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P8: COPY OF THE DELIVERY NOTE IN FORM NO.15 ISSUED ON 23.12.2016 FOR VEHICLE NO.KL 54G/9625.

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P9: COPY OF THE DELIVERY NOTE IN FORM NO.15 ISSUED ON 23.12.2016 FOR VEHICLE NO.KL 54G/8769.

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P10: COPY OF THE NOTICE UNDER FORM 17A ISSUED BY THE SECOND RESPONDENT IN RESPECT OF VEHICLE NO. KL 54G/9625 ON 24.12.2016 AT 1.00 A.M.

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P11: COPY OF THE NOTICE UNDER FORM 17A ISSUED BY THE SECOND RESPONDENT IN RESPECT OF VEHICLE NO. KL 54G/8769 ON 24.12.2016 AT 1.30 A.M.

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RESPONDENTS' EXHIBITS :- NIL

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KRJ

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//TRUE COPY// P.A. TO JUDGE

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DEVAN RAMACHANDRAN, J

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W.P(C) No.41341 of 2016

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- - - - Dated this the 27^th day of December, 2016

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JUDGMENT

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The petitioner impugns Exhibits P10 and P11 notices, as per which, his vehicle and consignment of goods were detained by the second respondent, viz., the Intelligence Inspector, Palakkad, on the ground of detection of non-declaration by the petitioner of his consignment, at the check post. Obviously, the adjudication proceedings are still pending.

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I heard the learned counsel for the petitioner and the learned Senior Government Pleader on behalf of the Revenue.

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Learned counsel for the petitioner submits that the petitioner is willing to co-operate with the adjudication proceedings. But, until such time, if the vehicle and the consignment are not released, it will prejudice him irreparably.

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I am of the view that ends of justice would be secured, if the petitioner is allowed release of his vehicle on certain terms. In such circumstances, I direct the second respondent to release the vehicle and the consignment of goods to the petitioner covered by Exhibits P10 and P11, on condition that the petitioner remits an

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-:2:-

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WP(C).41341/16

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amount of 50,000/- to the second respondent. This amount shall₹ be paid by the petitioner on or before 05.01.2017 and he shall also execute a self bond for securing the rest of the amounts covered by Exhibits P10 and P11. On the petitioner complying with those directions, the second respondent shall immediately and forth with release the vehicle and consignment to him, pending adjudication by the competent authority.

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Writ petition is disposed of accordingly with the above directions.

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Sd/Devan Ramachandran, Judge

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krj.28/12

Rajesh v. State of Kerala

Case brief

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Rajesh v. State of Kerala

Case brief

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