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2019 (5) TMI 1364 - KERALA HIGH COURTFurnishing of bank guarantee of ₹ 6 lakh for release of vehicle - detention of Hummer H2 car imported by an NRI - release of seized vehicle - HELD THAT:- This Court tried to find out from the learned Standing Counsel about the basis for either percentage or the value upon which ₹ 6 lakh is directed to be deposited. He fairly states that the letter dated 05.03.2019 does not disclose those details. However he refers to Ext.P2 and states that the officer has undertaken notional exercise and fixed ₹ 6 lakh. The investigation pursuant to Exts.P3 and P4 are still pending, therefore, the petitioner cannot be allowed to seek release of vehicle without conditions. Hence this Court is also of the view that the conditions covered by the paragraph 1(i) to (iii) are tenable. Condition No. 2 calling upon the petitioner to furnish bank guarantee for a sum of ₹ 6 lakh is examined by this order. This Court upon careful consideration of the taxes/duties alleged to have been paid on the vehicle, the value of the vehicle etc., imposing a further condition of ₹ 6 lakh for releasing the vehicle appears to be onerous on the petitioner to enjoy the possession of the vehicle in the interregnum.
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