TMI Blog2021 (1) TMI 256X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be proper or prudent for this Court to enter into the merits of the controversy, since it will involve assessment of factual aspects and issues which is possible only through a a proper enquiry, following due procedure as per law. The petitioner must be given the latitude of having his articles released on the strength of sufficient security, which the petitioner accedes by way of a bank gua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . THUSHARA JAMES - GP JUDGMENT The petitioner says that they are the manufactures of Roto Fabric Cloth Bags for the consumption of the Kerala State Civil Supplies Corporation, but that when they tried to transport it on the strength of Ext.P1 - Tax Invoice and Ext.P2 - E-way bills, it has been detained by the respondent, alleging that the product is actually cotton bags and therefore, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is illegal and unlawful. 4. However, in response, Smt.Thushara James, learned Government Pleader, submitted that, as is evident from Ext.P7, the Authorities have considered the nature of the articles and has found that the petitioner is attempting to transport it on the strength of Ext.P1 - Tax Invoice and Ext.P2 - E-way bills, which show contrary to the claimed classification. She therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rame, after obtaining a sample of the bag in the presence and acknowledgment of the petitioner. In the afore circumstances, I order this writ petition and direct the petitioner to furnish a bank guarantee, drawn on a Nationalized Bank, for the amount covered by Ext.P7; and if this is done within a period of one week from the date of receipt of a copy of this judgment, the respondent shall relea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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