IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 WP(C).No. 3505 of 2008(P) ------------------------- PETITIONER: ------------ NIPPON PAINTS INDIA PVT. LTD., DOOR NO.37/2167A, SY.NO.312/12, MARVEL MANSION ROAD, KATHRIKKADAVU, KOCHI - 682 017, REP. BY MR. ANAND K., AUTHORISED SIGNATORY. BY ADV. SRI.JOSEPH JERARD SAMSOM RODRIGUES RESPONDENT: ------------- INTELLIGENCE INSPECTOR, SQUAD NO.IV, DEPARTMENT OF COMMERCIAL TAXES, THRISSUR. BY GOVERNMENT PLEADER SRI C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 3505 of 2008 ------------------------------------- Dated: January 30, 2008 JUDGMENT A consignment belonging to the petitioner has been detained as per Ext.P6. The irregularity noticed is that the vehicle with the goods was intercepted and checked at Thrissur, and that on verification of the documents it was found that the consignment was not declared at any of the en route check posts. The only explanation forthcoming from the petitioner is that it was on account of a mistake that was committed by the driver of the lorry. 2. The correctness or otherwise of this explanation is a matter to be established on an enquiry that is to follow. At this stage, in view of the nature of the irregularities and the explanation offered, although the petitioner is a registered dealer, I am not inclined to direct the release of the goods except on proper safeguards. 3. Accordingly I direct that the goods detained as per Ext.P6 be released to the petitioner on furnishing a bank guarantee for the WP(C) 3505/2008 Page numbers security amount demanded therein and thereafter adjudication will be followed and the parties will be guided by the orders to be passed. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-