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2003 Supreme(All) 941

B.S.CHAUHAN, K.N.OJHA
Rama Dairy Products Ltd. – Appellant
Versus
Secretary, Uttar Pradesh Krishi Utpadan Mandi Samiti – Respondent


Advocates Appeared:
Rakesh Ranjan Agarwal,

( 1 ) THIS writ petition has been filed for quashing the notice dated March 24, 2003 (Annexure-10), issued by the Trade Tax Officer, Grade-II, Mobile Squad, Shamli, Muzaffarnagar, and further for direction to the respondents to release the Deshi Ghee detained from the vehicle in question.

( 2 ) FACTS and circumstances giving rise to this case are that a vehicle was carrying the goods (Deshi Ghee), and as the proper documents were not found of the goods, the vehicle and the goods were seized by the respondent No. 2, Trade Tax Officer, Grade II and the order impugned was passed. Hence this petition.

( 3 ) SHRI Rakesh Ranjan Agrawal, learned counsel for the petitioner has submitted that the seizure has been in flagrant violation of principles of natural justice and the statutory provisions. Allegation made by the respondent No. 2 that the goods were not accompanied by documents is totally false and the seizure memo etc. , is liable to be quashed.

( 4 ) ON the contrary, learned Standing Counsel appearing for the respondents has submitted that against the order impugned, remedy has been provided under the statute itself by making a representation under the provisions of section 13-A (6)


































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