B M, TIRUPATI LOGISTICS PRIVATE LIMITED, HYDERABAD Vs. PRL SECY, COMMERCIAL TAX DEPT, HYDERABAD & 2 OTHER

JUDGEMENT

(1.) This writ petition is filed challenging the detention notice dated 28.05.2016, detaining the goods in the lorry bearing registration No.AP 29 TC 0781, at Kodikonda border check post, Anantapur District as illegal, null, void and arbitrary and consequently setaside the notice dated 28.05.2016.

(2.) The petitioner is a transport agent engaged in the business of transporting consignment from one place to another place by hiring lorries. On 27.03.2016, consignment of ITC Limited was booked through the petitioner from Hyderabad to Tiruchi with valid way bills, permits, tax receipts. ITC Limited gave selfprinted CST e-way bill and stock transfer challan along with booking receipt, noting down particulars of the vehicle number and transporter's name as 'Tirupati Logistics Limited'.

(3.) At about 4.00 PM, when the vehicle was proceeding from Hyderabad to Tiruchi, it was stopped by the third respondent at Kodikonda check post, Anantapur and the vehicle was detained for violation of Section 47 of the A.P.VAT Act, 2005 (for short hereinafter referred to as 'Act') read with Rule 58 of the A.P.VAT Rules, 2005 (for short hereinafter referred to as 'Rules) framed thereunder. After the detention, a notice in Form 610 was issued to the driver, who inturn informed the same to his owner Durga Roadways and also informed that the vehicle was blacklisted for passing through State of Andhra Pradesh, with goods, without transit pass on 26.09.2015. Three days thereafter, when the consignment has not reached, the petitioner enquired and came to know about detention of the vehicle at Kodikonda check post.