Discrepancy in Quantity Resolved, Unjustified Penalty Removed, Goods Released with Security

The court resolved the discrepancy in quantity but found the penalty imposed for the delayed journey start date unjustified. The petitioner was granted release of the goods and vehicle upon providing security equal to the goods' value and tax payable in the form of an indemnity bond. Sri Prem Shankar Prasad was listed as counsel for the respondents in the next hearing scheduled for 24.01.2018.

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Issues: Seizure of goods based on quantity discrepancy and delayed journey start date, imposition of penalty.

Analysis:
- The judgment was delivered by Hon'ble Bharati Sapru and Hon'ble Saumitra Dayal Singh, JJ. The petitioner was represented by Shubham Agrawal, while the respondent was represented by C.S.C., A.S.G.I.
- The goods were seized on two grounds: a discrepancy in quantity and a delay in the start of the goods' journey after the invoice date. The quantity issue was resolved, confirming that the disclosed quantity matched the physical verification. However, the penalty was imposed due to the delayed journey start, which was deemed insufficient grounds for seizure or penalty.
- Sri C.B.Tripathi, the learned standing counsel for the revenue, was granted three weeks to file a counter affidavit, with the petitioner given one week thereafter to file a rejoinder affidavit.
- The court ordered the release of the vehicle and goods to the petitioner upon furnishing security equal to the goods' value and tax payable in the form of an indemnity bond. The next hearing was scheduled for 24.01.2018, with Sri Prem Shankar Prasad listed as counsel for the respondents.

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