The petitioner is aggrieved by Ext.P4 notice, by which the goods transported through a transporter was detained at the Check Post at Walayar. The petitioner admittedly is a Private Limited Company, owning a vessel which has been leased out to one Geo Stand Marine India (P) Ltd., whose Director is the person representing the petitioner herein. The said vessel has been leased out to the aforesaid Company for carrying on bunkering work at the Port premises. The goods transported being a “Bare pump with base frame” was purchased as per Ext.P2 Purchase order. Ext.P3 invoice accompanied the goods and showed the consignee as the “Master” of the vessel owned by the petitioner Company. Admittedly, no document showing ownership accompanied the goods. It was hence the detention.
2. The learned counsel for the petitioner submits that the goods are transported only for the purpose of using it in the W.P.C. No.16332 of 2014 2 vessel, which is docked at the Cochin Port. In such circumstances, despite the goods, not being accompanied by Form 16, the same shall be released on the petitioner depositing an amount of Rupees Ten thousand with the 1st respondent and executing simple bond without solvent sureties by the petitioner as well as Sri.George Jose, the authorised representative, in his personal capacity. It is also made clear that the adjudication shall be carried on only after verification with the Assessing Officer, whether the pump is actually mounted on the vessel. If that is done, there is absolutely no purpose why the adjudication should be carried on. However, the amount of Rupees Ten Thousand paid by the petitioner shall be forfeited to the State for the default committed in not having accompanied the goods with a Form 16, since the technical defect would invite only a maximum penalty of Rupees Ten thousand.
The writ petition is disposed of. No costs.
K. VINOD CHANDRAN, JUDGE sp