Kerala High Court

WP(C)/38066/2008 of KARANARAM CHOUDHARY Vs THE INTELLIGENCE OFFICER on 26 December 2008

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 WP(C).No. 38066 of 2008(F) --------------------------------------- PETITIONER(S): ------------------------ KARANARAM CHOUDHARY, XL III-2858, NIZAR

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN

FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930

WP(C).No. 38066 of 2008(F)

---------------------------------------

PETITIONER(S):

------------------------

KARANARAM CHOUDHARY, XL III-2858, NIZAR

COMPLEX, PAIKKADA ROAD, KOLLAM-691 001.

BY ADV. SRI.K.J.ABRAHAM

RESPONDENT(S):

---------------------------

1. THE INTELLIGENCE OFFICER, COMMERCIAL

TAXES, SQUAD NO.I, KOLLAM.

2. THE INTELLIGENCE OFFICER, COMMERCIAL

TAXES, SQUAD NO.III, KOLLAM.

GOVERNMENT PLEADER SRI.TEK CHAND

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 26/12/2008, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

THOTTATHIL B. RADHAKRISHNAN, J.

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W.P.(C).No.38066 of 2008-F

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Dated this the 26[th]day of December, 2008.

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JUDGMENT

1. The petitioner, a 25 year old, who states in hisaffidavit that he is a proprietor, has certainlease deeds shown to be in his favour. He isdescribed in Ext.P1(a) as hailing from JalareDistrict in Rajastan, having a driving school inMangalore. affidavit that he is a proprietor, has certainlease deeds shown to be in his favour. He isdescribed in Ext.P1(a) as hailing from JalareDistrict in Rajastan, having a driving school inMangalore.

2. Certain goods were intercepted by the firstrespondent Intelligence Officer from the RailwayStation, Kollam. Thereafter, there was anothersearch and seizure on the basis of Ext.P6 whichis a shop inspection report which shows seizureof various electronic items. Penalty was imposed.respondent Intelligence Officer from the RailwayStation, Kollam. Thereafter, there was anothersearch and seizure on the basis of Ext.P6 whichis a shop inspection report which shows seizureof various electronic items. Penalty was imposed.

3. I do not deem it appropriate to prevent thecompletion of proceedings in any manner. completion of proceedings in any manner.

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4. The plea of the petitioner is for release of theconfiscated goods on the assumption that there isalready a confiscation. It appears to be sobecause, after the interim order was issued at3.10 p.m. on 23-12-2008 that the goods shall notbe disposed of, today it is reported by thelearned Government Pleader that except 74individual packets, all other items were sold inauction in connection with a trade mela before theinterim order was issued.

5. All that now remains is that the petitioner canappear before the first respondent, obtainnecessary further materials and have conclusion ofproceedings in terms of the KVAT Act. However,following the earlier direction, the remaininggoods shall not be disposed of until conclusion ofproceedings on any request of the petitioner asstated above. If the petitioner appears before thefirst respondent within two weeks, the proceedingsshall be concluded within a period of six weeks in WP(C)38066/08

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accordance with law.

The petitioner shall produce a copy of thisjudgment before the first respondent. The writpetition is ordered accordingly.

THOTTATHIL B. RADHAKRISHNAN, JUDGE.

Sha/261208

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