TMI Blog2019 (5) TMI 1364X X X X Extracts X X X X X X X X Extracts X X X X ..... s.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. - WP (C). No. 7584 of 2019 - - - Dated:- 3-4-2019 - MR S. V. BHATTI, J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and P4. Hence the writ petition. The petitioner prays for the following reliefs: i. issue a writ in the nature of certiorari or any other appropriate writ, order or direction to call for the records leading to Ext.P3 ii. issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondent to relese the car bearing Registration No. Mh-12-PL-4141 iii. issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondent to pay suitable compensation of RS.5 lakhs for illegal detention of the car iv. issue a writ of mandamus or any other appropriate writ, direction or order, directing the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iii. the vehicle must be surrendered as and when directed by the undersigned. 2. furnishing of bank guarantee of 35% of the assessble value in favour of the commissioner of Customs, Chennai. 6. Very onerous conditions imposed do not bear in mind the relevant facts and circumstances. The petitioner, it is stated, has no objection to conform to condition Nos. i to iii of the letter dated 05.03.2019, and submits that the petitioner cannot be called upon to give bank guarantee for any sum. 7. Sri. P.R Sreejith, the learned Standing Counsel for the respondents invites the attention of the Court to the extent of investigation invoked in the matter and from instruction subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Therefore, condition No.2 in letter dated 05.03.2019 alone is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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