IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 WP(C).No. 12469 of 2009(C) --------------------------------- PETITIONER(S): --------------- V.SATHEESH KRISHNAN, PROPRIETOR, GOKULAM DISTRIBUTORS,XVIII/365-1,BYE PASS ROAD, ALWAYE. BY ADV. MR.N.MURALEEDHARAN NAIR MS.K.HYMAVATHY RESPONDENT(S): ------------------- INTELLIGENCE INSPECTOR,SQUAD NO.VI, DEPARTMENT OF COMMERCIAL TAXES,GOVT.OF KERALA, ERNAKULAM. GOVERNMENT PLEADER MR. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.12469 OF 2009 ---------------------------------------- Dated this the 21st day of April, 2009 JUDGMENT Certain goods namely, 'HANS CHHAP KHAINI' taken delivery of by the petitioner from the godown of the Transport Corporation of India(TCI), which has been consigned by the TCI through the railway, has been seized from the petitioner on the ground that the goods were accompanied only by the carbon copy of the invoices and not the originals. The petitioner's contention is that the seizure is invalid, in so far as the goods are supported by Ext.P2 railway invoice in favour of the TCI. The petitioner, therefore, seeks a direction to the respondent to release the seized goods. 2. This is opposed by the learned Government Pleader, who points out that not only is the original invoice missing, but goods are not covered by an excise invoice, which is a mandatory document since the consignment is covered by excise laws. 3. After hearing both sides, I am of opinion that pending further enquiry pursuant to Ext.P3 notice, the goods can be W.P.(c)No.12469/09 2 released to the petitioner on appropriate conditions. Accordingly, the writ petition is disposed of with the following directions: The petitioner shall pay 50% of the amount demanded by Ext.P3 within one week from today. For the balance amount, the petitioner shall furnish a bond with two solvent sureties or a bank guarantee. On complying with the above directions, the goods shall be released to the petitioner. Proceedings initiated by Ext.P3 shall be completed as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.12469/09 3