High CourtsSINGLE BENCH(2017) 01 KL CK 0038

M/S ROYAL ENFIELD (A UNIT OF EICHER MOTORS LTD.), vs THE INTELLIGENCE INSPECTOR

High Court Of Kerala · Decided on 3 January 2017

HON’BLE JUDGES
K.Vinod Chandran
CASE NUMBER
21 of 2017 (C)

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Judgment

18 paragraphs · 179 words
1.

The petitioner is aggrieved with Exhibit P1 detention of

motor cycles, which, according to the petitioner, were being

transported to Adoor. The contention of the petitioner is that the

transport, comprised of motor cycles, to the dealers at Alappuzha and

Adoor. While the motor cycles to the Alappuzha dealer were

unloaded, the documents relating to the Adoor dealer were handed

over to the Alappuzha dealer. Hence, when the vehicle was detained

as per Exhibit P1, the vehicle contained only the documents with

respect to the motor cycles transported to the Alappuzha dealer. The

petitioner has produced both the invoices along with the writ petition.

2.

In the circumstances as stated hereinabove, without

expressing any opinion on the allegation of attempt to evade tax, it is

directed that the vehicle and goods shall be released, on the

petitioner executing simple bond, for the security deposit demanded,

without solvent sureties. The adjudication proceedings shall be

continued, untrammelled by the fact that this Court had so directed

release of the vehicle and goods.

The writ petition is disposed of as above.