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M/S.Glaxo Smithklime Consumer Health Care Ltd vs State Of Kerala

High Court Of Kerala|20 June, 2014
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JUDGMENT / ORDER

The petitioner is aggrieved with the detention of the goods at the exit check post. The goods were transported inter-state. Obviously the detention was for the reason that the copy of the invoice did not accompany the consignment and only a duplicate copy accompanied the transport. It is the contention of the petitioner that Form No.8 was filed as revealed in Ext.P2 before the goods reached the check post. The goods evidently left the consignor earlier and 8F was filed on-line on 02.06.2014 at 1.56 pm and when the goods reached the check post, at 4.15 pm the same was detained. Even if the 8F was filed at the facilitation centre, necessarily copy of the same should have accompanied the goods. The learned counsel for the petitioner submits that there is no requirement for the 8F to be accompanied with the goods. But admittedly the goods were not accompanied by the documents stipulated in the statute and 8F would WP(C).15211/14 2 have proved the bona fides. In such circumstances, it cannot be said that the detention was without any reason. Hence, there shall be a direction that the petitioner shall be permitted to get release of the goods on payment of 25% of the security deposit demanded and on execution of simple bond without sureties for the balance amount, expeditiously on production of a certified copy of this judgment. Writ petition disposed of.
Sd/-
K.VINOD CHANDRAN, Judge Mrcs //True Copy//
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Title

M/S.Glaxo Smithklime Consumer Health Care Ltd vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
20 June, 2014
Judges
  • K Vinod Chandran
Advocates
  • S K Devi Sri Shanmugham
  • D