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Issues: Whether the notice issued under section 30C of the Kerala General Sales Tax Act, 1963, warranting seizure of the goods and vehicle on the basis of suspected smuggling, should be interfered with in exercise of jurisdiction under article 226 of the Constitution of India.
Analysis: Section 30C was treated as a special provision governing action based on reasonable belief that a vehicle was used for smuggling the specified goods and permitting seizure and confiscation. The notice disclosed facts suggesting that the vehicle was intercepted with cashewnuts contrary to the declared goods, additional transport documents for other goods were found, and cash was recovered from the cabin. On those facts, the Court held that the statutory basis for action was made out and that release of the goods and vehicle was not justified on the writ record. The existence of some other order granting release on different facts was held not to assist the petitioner because the present case turned on its own factual matrix.
Conclusion: Interference under article 226 was declined and the challenge to the notice failed.
Final Conclusion: The writ petition was dismissed at the stage of admission, leaving the statutory action under section 30C undisturbed.