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2015 (3) TMI 1177 - GUJARAT HIGH COURT

2015 (3) TMI 1177 - GUJARAT HIGH COURT - TMI - Seeking release of vehicle on suitable condition forthwith - so-called purchase of the goods was dummy by non-genuine person - truck in which the goods were transported, was detained, but no arrangements were made to seize the goods and unload the goods by the authority, so that the goods can be kept in the Government godown and release the truck - Petitioner contended that there is no power to seize the transport vehicle and the goods can be seized .....

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the detention for indefinite period. The reasonable interpretation would mean that once the goods are found in any vehicle and upon inquiry if it is found unsatisfactory, the authority may seize the goods after detaining of the vehicle and after the seizure of the goods, the goods may be kept by the authority at any place wherever it is permissible, but the vehicle is required to be released thereafter. In the present case, nothing has been done and the vehicle with the goods is lying at the Bh .....

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ould be given to the truck driver or the owner, as the case may be and the truck be released thereafter immediately. - Petition disposed of - SCA NO. 3121 of 2015 - Dated:- 4-3-2015 - MR.JAYANT PATEL & MR.S.H.VORA JJ. ORAL ORDER PER : MR.JAYANT PATEL 1. The present petition is preferred for appropriate writ to quash the memo - Annexure-C dated 28.12.2014 passed by respondent No.5 and it is prayed to direct the respondents to release the vehicle bearing Regist .....

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it was found by the respondent authority that the so-called purchase of the goods was dummy by non-genuine person. Resultantly, the vehicle - truck, in which the goods were transported, was detained, but no arrangements were made to seize the goods and unload the goods by the authority, so that the goods can be kept in the Government godown and release the truck. Under these circumstances, as the truck was not released by seizure the goods, the present petition before this Court. 4. M .....

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hicle, though, as per his submission, there is no power to seize the transport vehicle and the goods can be seized and may be kept by them at any place, wherever the respondents desirous to keep. 6. Section 68(4)(b) of the Act reads as under:- 68. Inspection of goods in transit etc.( 1) xxx (2) xxx (3) xxx (4) (a) xxx (b) if the driver or other person in charge of a vehicle, boat or animal carrying goods does not make a declaratio .....

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er to detain the vehicle. If the latter part of Sub-section (4) of Section 68 is considered it appears that after the seizure of the goods, receipt thereof is to be given to the person from whose possession the goods are seized. Therefore, the authority has power to detain the vehicle, but ultimate power is to seize the goods and receipt is to be given to the person, from whose possession the goods are seized. With a view to have the seizure of the goods, vehicle can be detained, but .....

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