LAWS(MPH)-2002-10-17

NORTH ROADLINES Vs. STATE OF M P

Decided On October 09, 2002
NORTH ROADLINES Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THE petitioner has filed the aforesaid petition and the prayer made is for quashing the order, Annexure P-3, dated 20-9-2002 by which the action is being proposed to be taken against the petitioner in exercise of the powers conferred under Section 45-C of the Madhya Pradesh Commercial Tax Act, 1994 (hereinafter referred to as the 'act' ). Further prayer made is to direct the respondents to release the truck and goods of the petitioner, illegally detained with effect from 13-9-2002 and pay damages at the rate of Rs. 1,000/-per day for illegally detaining the truck and goods.

(2.) THE brief facts which are necessary for the disposal of the present petition are that the petitioner is a firm engaged in the business of transportation of goods by trucks. The petitioners owns a truck bearing registration No. MP-09/kc-1277. According to the petitioner the said truck was coming from Nagpur to Urai (U. P.), and was passing through Gwalior. In the said truck, goods were loaded which consisted of coconut and betel-nuts. According to the petitioner, coconuts were to be unloaded at Gwalior and betel-nuts were to be unloaded at Urai (U. P. ). While the truck was checked in the check post it was cleared and permitted to come to Gwalior. However, when coconut was being unloaded at Gwalior, the truck was again checked and after checking it was not allowed to transport the betel-nut to Urai (U. P.) on the ground that Form No. 31 was not accompanied with goods.

(3.) IT was the case of the petitioner that the respondent No. 4 was not having any power to stop the truck transporting the goods to Urai in the State of Uttar Pradesh. That being so, Form No. 31 is not required to be produced as it is to be produced in the State of Uttar Pradesh. It is contended by the petitioner that without any justification and without any reason, the respondent No. 4 detained the truck on the ground that it is not accompanied with Form No. 31 and issued letters, Annexures P-2 and P-3 respectively.