← Library
High Court of KeralaWP(C)/23768/2015disposed of

C.M.Rasheed v. The Intelligence Officer (Ib)

2015-08-07Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937 WP(C).No. 23768 of 2015 (U) ---------------------------------------- PETITIONER(S):

---------------------- C.M.RASHEED, AGED 40 YEARS, S/O.MARAKKAR, PULLUCKUCHALIL HOUSE, IRINGALLUR, KOZHIKODE DISTRICT.

BY ADV. SRI.BABU S. NAIR RESPONDENT(S):

------------------------- THE INTELLIGENCE OFFICER (IB), DEPARTMENT OF COMMERCIAL TAXES, KALPETTA, WAYANAD DISTRICT-673121.

BY GOVERNMENT PLEADER SMT.SOBHA ANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 23768 of 2015 (U) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE WORK ORDER ISSUED BY THE RELIANCE INDUSTIES LIMITED, COCHIN DATED 17.04.2015 P2:

TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND MANIKANDAN DATED 27.07.2015 P3:

TRUE COPY OF THE E -CONSIGNMENT DECLARATION IN THE NAME OF THE PETITIONER DATED 29.07.2015 P4:

TRUE COPY OF THE NOTICE DATED 29.07.2015 ISSUED UNDER SECTION 47

(2) OF THE KVAT ACT, AFTER THE DETENTION OF THE GOODS, BY THE RESPONDENT P5:

TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER BEFORE THE RESPONDENT DATED 31.07.2015 P6:

TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER BEFORE THE COMMERCIAL TAX OFFICER, MUTTANGA P7:

TRUE COPY OF THE ORDER PASSED BY THE RESPONDENT AS OR.NO.15/2015-16 DATED 03.08.2015 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A. MUHAMED MUSTAQUE, J ------------------------------------ W.P.(C). No. 23768 of 2015 ------------------------------------ Dated this the 07th day of August, 2015

JUDGMENT

The petitioner challenging detention notice has approached this Court. The reason for detention is that the Consignment did not accompany with valid documents and therefore the Hitachi transported is meant for some other work.

Considering the nature of allegation, the vehicle shall be released to the petitioner on executing a simple bond without sureties. The writ petition is disposed of as above. No costs. Sd/- A. MUHAMED MUSTAQUE, JUDGE