MANGLA LPG CARRIERS Vs. S J PATEL

JUDGEMENT

(1.) THE petitioner states that the petitioner is engaged in the business of transport of Liquified Petroleum Gas and for the said purpose maintains a fleet of tankers in accordance with a contract with Indian Oil Corporation. The petitioner undertook to transport 17. 200 metric tons of liquified petroleum gas from Jamnagar to Haridwar in the State of Uttar Pradesh. While the tanker was on road near Amran village on 1st March 2000, respondent No. 1 intercepted the vehicle and issued a checking report of even date. The said report has noted down the details of offences in the following words: "1. Chassi No. and Eng. No. of Hourse found OK. but Trailer's No. plate not found on trailer's chassi. So, M. V. detained at Pragati Petrol Pump, Amran village on risk of driver and owner for Tax verification and chassi No. verification. 2. So driver ask to produced documents of trailer attached with hours and to produce proof of taxes paid for Guj. State. "

(2.) ACCORDING to the petitioner, the driver of the vehicle produced the original licence permitting transportation of compressed gas issued by the Joint Chief Controller of Explosives, North Circle, Faridabad (Hariyana) in respect of the tanker of the petitioner which contained various details asked for in the checking report. In so far as the requirement of production of proof of tax paid for Gujarat State, the driver of the vehicle furnished a copy of the authorization issued by the Regional Transport Authority, Faridabad for the period from 1. 4. 1999 to 31. 3. 2000. It is the say of the petitioner that despite having produced the relevant documents respondent authority was not releasing the vehicle and hence the petition was preferred praying for following reliefs: (a) to issue appropriate writ, direction and order holding and declaring the respondent's impugned action of detention and seizure of the petitioner's LPG tanker No. HR-22-9972 on 1. 3. 2000 and its continued detention thereafter as thoroughly arbitrary, discriminatory, unauthorized, illegal ad unconstitutional; (b) by way of interim relief, be pleased to order and direct the respondent to forthwith release the petitioner's LPG tanker No. HR-22-9972 loaded with 17. 200 MT of LPG Gas subject to the result of this petition; (c) to grant such other and further reliefs as may be deemed just and proper in the premises. "

(3.) ON 22. 3. 2000, the following order came to be made by the Court: "mr. Gupta submits that the notices were served way back on 18. 3. 2000. Mr. A. J. Desai, learned A. G. P. pleads no instructions. Mr. Gupta has pointed out that the entire due amount of the tax has already been paid as per the Demand Drafts dated 19. 3. 99 and as per the Certificate of payment of composite fee/taxes, the copy of which has been enclosed with the petition as Annexure 'c' at pages 12-13. In the facts and circumstances of this case, it is directed that in case no tax is outstanding in respect of the vehicle in question i. e. LPG Tanker bearing No. HR-22-9972 loaded with 17. 200 MT. of LPG Gas, the same shall be released forthwith alongwith original documents. Direct service is permitted. Respondents will be at liberty to apply for vacation/modification of this order at any time. "