2015 (3) TMI 1177

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.....12.2014 passed by respondent No.5 and it is prayed to direct the respondents to release the vehicle bearing Registration No.RJ-14-IG-4047 on suitable condition forthwith. 2. We have heard Mr.Karia, learned Counsel for the petitioner and Mr.Dave, learned AGP for the respondents.   3. As such the facts are not undisputed inasmuch as the goods in question were transported from Mangalore and w....

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....ter referred to as the 'Act'), the authority has power to seize the goods as well as detain the vehicle and, therefore, such powers have been exercised.   5. Whereas, Mr.Karia, learned Counsel for the petitioner submitted that he is ready to abide by any terms and conditions as this Court may find it proper, in the event it is found that they have power to detain the transport vehicle, thoug....

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....ice, it appears that there is power with the respondents to seize the goods and for such purpose there is also such power to detain the vehicle. If the latter part of Sub-section (4) of Section 68 is considered it appears that after the seizure of the goods, receipt thereof is to be given to the person from whose possession the goods are seized. Therefore, the authority has power to detain the ve....

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.... done and the vehicle with the goods is lying at the Bhilad Check Post and the said aspect is undisputed. 8. It also appears that the vehicle is detained since 28th December, 2014 and no action is taken for seizure of the goods or for release of the vehicle. 9. In view of the above, we find that appropriate direction deserves to be issued to the respondents to take the vehicle - truck up to the ....