IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 32632 of 2008(I) -------------------------- PETITIONER(S): ------------- N.P.ABRAHAM, PROPRIETOR, ASIAN RUBBER TRADERS, ATHIYODI P.O., KOORACHUNDU, CALICUT. BY ADV. SRI.V.V.ASOKAN SMT.S.AMINA RESPONDENT(S): ------------- 1. INTELLIGENCE INSPECTOR, SQUAD NO.I, DEPARTMENT OF COMMERCIAL TAXES, WAYNAD, KALPATTA. 2. COMMERCIAL TAX OFFICER, COMMERCIAL TAXES, PERAMBRA. BY GOVT.PLEADER SRI.C.K.GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.32632 of 2008-I = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of November, 2008. JUDGMENT Petitioner is a registered dealer. He says that he made local purchase of 2000 kgs. of sheet rubber as per Ext.P2 series and when the goods were transported with Ext.P3 delivery note, Ext.P4 has been issued stating that the vehicle contains 300 kgs. in excess of that covered by Ext.P3 delivery note. In the aforesaid circumstances, having heard the learned counsel for the petitioner and the learned Government Pleader, this writ petition is ordered directing that the vehicle and the goods detained as per Ext.P4 will be released on the petitioner remitting an amount of Rs.9,000/- and executing a bond without sureties to satisfy the WP(C)32632/08 -: 2 :- remaining payment of any demand on completion of proceedings pursuant to Ext.P4. Releasing Officer will ensure that if it is so required for completion of proceedings, the goods will be weighed before it being released. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/051108