VIJOY VARGHESE Vs. INTELLIGENCE INSPECTOR

JUDGEMENT

(1.) AGAINST Ext. P5 order imposing penalty, the petitioner had filed Ext. P6 appeal before the 3rd respondent. He had also filed ext. P7 petition seeking an early hearing of the appeal. The matter arises pursuant to detention of goods transported by the petitioner. At the time when the goods were released, the petitioner had furnished bank guarantee for an amount of rs. 55,000/ -. The 4th respondent -bank had extended validity of the bank guarantee up to 8. 5. 2009 as per Ext. P4 letter. Considering the fact that the amount covered under Ext. P5 order of penalty is secured through bank guarantee, I am inclined to direct to keep in abeyance the recovery steps till disposal of the appeal. In the result, the writ petition is disposed of directing the 3rd respondent to consider and dispose of Ext. P6 appeal at the earliest, at any rate within a period of one month from the date of receipt of a copy of this judgment. The realisation of the amount covered under Ext. P5 order shall be kept in abeyance till the disposal of the appeal on condition that the petitioner furnishes appropriate intimation from the 4th respondent - bank extending the validity of the existing bank guarantee for a further period of three months.