1994 (3) TMI 355

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....oncern. Amrik Singh is its proprietor. The office is located at Indore. The petitioner claims to be a public transporter and carries goods for hire from one place to another. On September 17, 1992, the petitioner carried the goods in its truck with all essential documents as required under the law. This truck was coming from Sangli to Indore. The respondent No. 1 found that the petitioner deviated....

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....hen there was no question of resorting to a longer route. According to the counsel it is this diversion which furnished the cause of action to initiate the proceedings. Section 29-CC of the M.P. General Sales Tax Act provides as under: "(3) If the officer referred to in sub-section (2) finds on the inspection of the vehicle that the transporter is not carrying the documents referred to in su....

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....29-CC of the aforesaid Act are warranted on the facts and circumstances of the case. Once on inspection it was found that the truck had all the documents as are required under the law no occasion arose for initiation of proceedings for penalty. The counsel for the respondents thus failed to satisfy me as to how the aforesaid proceedings are tenable in law. No one should be lugged into futile....