Petitioners challenge Ext. P2 by which they were called upon to deposit an amount of Rs. 2,03,000/- as security for releasing the vehicle and goods. 2. It is not in dispute that the lorry load of jack wood sawn timber was transported to Kannur. The Intelligence Officer found that the transportation was done without any documents and suspecting genuineness of the transport of goods, the same had been detained with an intention to impose penalty under Section 69(1) of the KVAT Act. The estimated value is Rs. 3,50,000/-.
3. It is submitted by the learned counsel for the petitioners that the sawn timber was taken for construction of a building for the 1st petitioner's daughter and it was not a case where the intention was to sell the material.
4. However, the defence of the petitioners are matters to be considered by the appropriate authority in the adjudication proceedings. But, taking into consideration the plight of the petitioners, I am of the view that some indulgence can be shown and accordingly this writ petition is disposed of as under:
The respondent authority shall release the vehicle and goods to the petitioners on the petitioners furnishing bank W.P(C) No. 25338 of 2014 -: 2 :-
guarantee for an amount of Rs. 1 lakh drawn on a nationalized bank and executing a simple bond for the balance amount as security. On compliance of the above, the vehicle and goods shall be released to the petitioners.
Tds/ Sd/-
A.M. Shaffique, Judge.