2009 (10) TMI 865

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....espondent No. 2, Excise and Taxation Officer (Mobile Wing), Chandigarh and who has passed the release orders also. The facts giving rise to the present writ petition are that both the petitioners are engaged in the business of production and sale of steel in the State of Punjab. Petitioner No. 1 is based at Mandi Gobindgarh whereas petitioner No. 2 is based at Mohali. Both the petitioners entered into contracts for the purchase of iron scrap and further to sell it at Mandi Gobindgarh. In pursuance of their contract the iron scrap of both the petitioners was being taken to Mandi Gobindgarh in 14 trucks on the intervening night of September 3/4, 2009. It is submitted by the petitioners that all the 14 trucks were stopped by respondent No. ....

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....Penal Code (annexure P/4) was registered against the petitioners and their employees. It is further alleged that respondent No. 3 refused to release the goods and vehicles in utter violation of the provisions of the VAT Act. Notice of motion was issued to the respondents. Separate replies by way of counter-affidavit have been filed by respondent No. 2, Excise and Taxation Officer (Mobile Wing), Chandigarh and respondent No. 3, S.H.O., PS Kharar, Mohali. Respondent No. 2 has admitted that release orders dated September 8, 2009 were passed and incharge, Police Post Nabipur (Mandi Gobindgarh) was requested to release the goods and vehicles, however, since goods and vehicles are in the custody of respondent No. 3 due to registration of an....