IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 8992 of 2008(U) ------------------------- PETITIONER: ------------ SMM STEEL RE-ROLLING MILLS PVT. LTD., UNIT-II, 358/2, NEAR NIDA, KANJIKODE, PALAKKAD-678621, REPRESENTED BY ITS ACCOUNTS MANAGER-SHAJI MATHEW. BY ADV. SRI.V.V.ASOKAN SMT.S.AMINA RESPONDENTS: ------------- 1. INTELLIGENCE OFFICER, SQUAD NO.VI, COMMERCIAL TAXES, PALAKKAD-678 009. 2. INSPECTING ASSISTANT COMMISSIONER (INTELLIGENCE), COMMERCIAL TAXES, PALAKKAD-678001. 3. KAYPEE METALS AND ALLOYS PVT. LTD., PARRY & CO. JUNCTION, MAIN ROAD, KOLLAM-691001. R1 & 2 BY GOVERNMENT PLEADER SRI C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 8992 of 2008 ------------------------------------- Dated: MARCH 17, 2008 JUDGMENT Detention of the vehicle with the goods under Ext.P6 is under challenge in this writ petition. 2. The irregularity noticed is the delay in departure from the factory. Petitioner justifies the delay referring to Exts.P4 and P2. Now that an enquiry into the irregularity noticed in Ext.P6 is held by the authorities concerned, I do not think it correct for this court to express anything on the merits of the contentions raised. 3. However, in view of the nature of the irregularity mentioned in Ext.P6 and also taking into account the fact that the petitioner is a registered dealer, I do not think it necessary to continue the detention of the vehicle and the goods mentioned in Ext.P6. 4. Therefore, without prejudice to the rights of the respondents to continue the enquiry pursuant to Ext.P6, I direct that on production of a copy of this judgment and on the petitioner WP(C) 8992/08 Page numbers executing a bond without sureties, the consignment and the vehicle detained as per Ext.P6 will be released to the petitioner. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-