ASHWANI KUMAR MISHRA,J. - (1.) Revisionist is a transporter, and has approached this Court by filing the present revision, aggrieved by an order passed by the Tribunal, dated 27th March, 2017, whereby release of goods is allowed upon deposit of cash security/bank guarantee to the extent of 15% of the value of goods in question i.e. Rs. 8,80,000/-.
(2.) Perusal of the record goes to show that vehicle in question was detained, and driver produced TDF-1, according to which 'parchun' was being transported from Delhi to Gwalior. It transpires that actual product transported was P.V.C. Granules. The rate disclosed in the bill was Rs. 16.50 per Kg. An order of seizure was passed, and the transporter was allowed release of goods upon deposit of 40% of the value of goods assessed at Rs. 22,00,000/-. In appeal, the valuation of goods is brought down to Rs. 8,80,000/-, and deposit of cash security/bank guarantee is also reduced from 40% to 15%.
(3.) Learned counsel for the revisionist submits that material did exist on record to show that the transported granules were valued at Rs. 40 per Kg., and the Tribunal wrongly assessed it at Rs. 50 per Kg. It is also stated that though there was a wrong description of product in the TDF-1, but all attending documents did refer to the product as being plastic granules. Submission is that there was no dispute on facts that the goods were being transported through the State of U.P., and in such circumstances, the order of seizure as well as conditional release is bad in law.;