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Kerala High Court

Harikumar.K vs Intelligence Inspector on 7 July, 2011

Author: S.Siri Jagan

Bench: S.Siri Jagan

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18298 of 2011(J)


1. HARIKUMAR.K,PROPRIETOR,IMAGE OFFICE
                      ...  Petitioner

                        Vs



1. INTELLIGENCE INSPECTOR,SQUAD NO.III,
                       ...       Respondent

2. COMMERCIAL TAX OFFICER,2ND CIRCLE,

3. THE COMMISSIONER OF COMMERCIAL TAXES,

                For Petitioner  :SRI.TOMSON T.EMMANUEL

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :07/07/2011

 O R D E R
                           S. Siri Jagan, J.
            =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                    W.P(C) No. 18298 of 2011
            =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
              Dated this, the 7th day of July, 2011.

                          J U D G M E N T

The petitioner's vehicle has been detained by the sales tax authorities on allegation of attempt to evade tax. Ext. P5 notice has been issued to the petitioner directing him to provide cash security for the amount mentioned therein. The petitioner is challenging the same.

2. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with the following directions:

The goods and vehicle shall be released to the petitioner on the petitioner furnishing bank guarantee for the amount covered by Ext. P5. The appropriate authority under the Act shall complete the enquiry and proceedings pursuant to Ext. P5 and pass final orders as expeditiously as possible, at any rate, within 3 months from the date of receipt of a copy of this judgment. The security furnished by the petitioner shall be dealt with in accordance with the final orders to be passed. The bank guarantee may be either of the consigner or consignee.
Sd/- S. Siri Jagan, Judge.
Tds/