IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 16653 of 2009() ------------------------- PETITIONER: --------------- K. SADIKALI, PROPRIETOR, TYPICAL SUPPLIES, TIMBER DEALERS, PANNIKODE P.O., MUKKAM, CALICUT - 673 602 BY ADV. MR. T.M.SREEDHARAN MS. C.K.SHERIN MR. V.P.NARAYANAN RESPONDENTS: --------------- 1. THE INTELLIGENCE INSPECTOR, SQUAD NO. III, COMMERCIAL TAXES, ALAPPUZHA 2. THE ASSISTANT COMMISSIONER, SPECIAL CIRCLE - II, COMMERCIAL TAXES, KOZHIKODE. BY GOVERNMENT PLEADER MR. C. K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/09, THE COURT ON 16/06/2009 DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 16653 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 16th day of June, 2009 JUDGMENT The petitioner has approached this Court challenging the detention of the vehicle bearing No. KL-25 8723 along with the goods The vehicle was intercepted by the first respondent yesterday at midnight, which led to Ext.P1 proceedings. The learned counsel appearing for the petitioner submits that, Ext.P1 is not at all correct or sustainable, in so far as all the entries therein tally with the entries in Ext.P3 and that there is absolutely no basis for the doubt expressed from the part of the respondents in this regard. 2. The learned Government Pleader appearing on behalf of the respondents submits that, Ext.P2 delivery note was actually dated '3.6.2009' (as given in the concerned column), which however was subsequently sought to be corrected as '13.6.2009'. The vehicle was admittedly intercepted only on 15.6.2009 at midnight. The modus of operandi being pursued by similar dealers, when confronted with the adverse circumstances, is also brought to the notice of this Court. However, for the time being, this Court does not propose to go into the merits of the case, but for directing the first respondent to release the vehicle as well as goods to the petitioner forthwith, on condition that the petitioner either furnishes Bank Guarantee equal to the amount as WP (C) No. 16653 of 2009 : 2 : specified in Ext.P1 or remits the amount by way of cash. It is also made clear that, the first respondent shall finalize the adjudication proceedings pursuant to Ext.P1, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON, JUDGE kmd