IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 5947 of 2008(G) ------------------------- PETITIONER: ------------ O.T.ABDULLA MADEENA, WOOD INDUSTRIES, CHOYYAMKODE, NILESHWAR (VIA) KASARAGOD DISTRICT. BY ADV. SRI.N.MURALEEDHARAN NAIR SRI.V.K.SHAMUSUDHEEN RESPONDENTS: ------------- INTELLIGENCE INSPECTOR SQUAD NO.V, COMMERCIAL TAXES DEPARTMENT KASARAGOD DISTRICT. BY GOVT. PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------------- W.P.(C).NO.5947/2008 ----------------------------------------------------------------- Dated this the 20th day of February, 2008 JUDGMENT Consignment of timber transported by the petitioner has been detained by Ext.P3. The irregularity noticed is that the date and time shown in the delivery note was 15.2.2008 at 8.p.m where as the goods were detained on 15.2.2008 at 9 a.m. According to the respondents this clearly indicates an attempt to evade duty. 2. According to the learned counsel for the petitioner it was a clerical mistake that lead to the situation. The counsel would submit that as against 14.2.2008 it was wrongly mentioned as 15.2.2008. The correctness or otherwise of this submission of the petitioner is a matter to be ascertained in an enquiry that is to be conducted. 2 3. Having regard to the fact that the petitioner is a registered dealer, I do not think that it is necessary to detain the goods pending adjudication. If the petitioner furnishes bond without surety, the vehicle shall be released pending adjudication. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. 3