IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 21703 of 2007(H) --------------------------------------- PETITIONER: ------------------- N.HASSAN, S/O.NAGUR MEERAN, ANAKKAR VEEDU, ROSAPOOKANDAM, KUMILY.P.O. BY ADVS. MR.DEVAN RAMACHANDRAN, SMT.T.G.SEETHAL. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, VANDANMEDU POLICE STATION, IDUKKI DISTRICT. 2. THE INTELLIGENCE OFFICER, SALES TAX INTELLIGENCE SQUAD, NEDUMKANDAM. 3. RAHMAT NISA, D/O. ABBA SALI BABA, PALLAR STREET, CUMBAM, TAMIL NADU. R1 & R2 BY GOVT. PLEADER MR. MOHAMMED RAFIQ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21703/2007-H: APPENDIX PETITIONERS' EXHIBITS: NIL. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R.RAMACHANDRA MENON, J. ~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 21703 of 2007 ~~~~~~~~~~~~~~~~~~~~~ Dated, this the 31st day of March, 2009 J U D G M E N T The case of the petitioner is that respondents 1 and 2 have unauthorisedly took custody of his vehicle bearing registration No. KL6 1903 on a fine morning, wrongly alleging some offence in connection with transporting of 400 Kgs. of cardamom in eight boxes, from one of the estates in Kalthotty area to the auction house in Kumily Spice Trading Corporation Ltd. (STCL) on 3.7.2007, despite the fact that the vehicle was intercepted on 3.7.2007 and was permitted by the second respondent to proceed, on being satisfied over the possession on production of the relevant documents in this regard. 2. The learned Government Pleader submits that the vehicle was intercepted by the second respondent on 3.7.07 and when the petitioner was asked to produce the relevant documents for verification, under the guise of taking documents from the vehicle, the petitioner suddenly drove away evading the inspection which made the departmental authorities to conduct further investigation leading to seizure of the vehicle. 3. The above matter was admitted by this Court on 18.7.2007 and notices were issued by speed post. Taking note of submission from the W.P.(C) No. 21703 of 2007 -:2:- part of the Government Pleader that the vehicle can be released on the petitioner's furnishing security for an amount of Rs. 89,880/- an interim order was passed by this Court directing the respondents 1 and 2 to release the vehicle to the petitioner on his furnishing security to the satisfaction of the second respondent as aforesaid. Subsequently, the petitioner filed I.A. 10458/2007 stating that respondents have refused to release the vehicle insisting for cash security. After hearing both the sides, this Court vide interim order 1.8.2007 permitted the petitioner to furnish 'bank guarantee' and gave appropriate direction to the respondents 1 and 2 to take further steps on furnishing the bank guarantee as aforesaid. Since the only prayer contained in the writ petition is for a direction to release the vehicle, nothing further survives to be considered in this writ petition. 4. In the above circumstances the writ petition is disposed of without prejudice to the right of the departmental authorities to pursue and finalize the proceedings stated as already initiated against the petitioner under Section 49 (3) and Section 70 of the Kerala Value Added Tax Act, 2003and such other relevant provisions of law. P.R.RAMACHANDRA MENON, JUDGE kmd.