IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 6765 of 2008(E) ------------------------- PETITIONER: ------------ M/S.MIRC ELECTRONICS LTD., ONIDA HOUSE, MS & S CHAMBERS, NO.XII/992-993, CIVIL LINE ROAD, PADAMUGHAL, KOCHI - 682 030 REP. BY ITS BRANCH ACCOUNTANT & AUTHORISED SIGNATORY MR.SREENATH. BY ADV. SRI.BOBBY JOHN SRI.TOMSON T.EMMANUEL RESPONDENTS: ------------- 1. THE INTELLIGENCE INSPECTOR, SQUAD NO.III, COMMERCIAL TAXES, ALAPPUZHA. 2. THE ASSISTANT COMMISSIONER, KVAT SPECIAL CIRCLE - III, COMMERCIAL TAXES, ERNAKULAM. BY GOVERNMENT PLEADER SRI C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 6765 of 2008 ------------------------------------- Dated: February 27, 2008 JUDGMENT The challenge in this writ petition is against Ext.P5, an order of detention. Petitioner submits that the consignment detained was initially despatched to M/s. Kumar Marketing Services and Exts.P2 and P3 are the invoices. It is contended by the counsel for the petitioner that the consignee refused to take delivery of the goods and therefore the goods were returned. It is submitted that the goods were being taken back to the godown of the petitioner and during the course of which the vehicle was intercepted and detained and Ext.P5 order of detention was issued. It is also submitted that at the time when the detention was ordered, the driver of the lorry had produced Exts.P2 and P3 as also Ext.P4. 2. In view of the aforesaid facts, I feel that though the matter needs to be enquired into, the goods in question can be released to the petitioner who is a registered dealer. WP(C) 6765/08 Page numbers 3. Accordingly I direct that the goods detained as per Ext.P5 be released to the petitioner subject to further enquiry on their executing a bond without sureties. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-