9911796707
TMI Blog2024 (1) TMI 572X X X X Extracts X X X X X X X X Extracts X X X X ..... ciples of natural justice - HELD THAT:- By virtue of the statutory law, the petitioner may not be entitled to release of the truck unless he deposits Rs. One lakh as provided under proviso-1 of Section 129 (6) of the Act. In such facts, it appears that the petitioner is entitled to one opportunity of hearing before the authority to furnish his explanation and to establish the fact that there was n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the writ petition is disposed off - petitioner may treat the penalty order as the show cause notice and furnish reply to the Respondent No. 2 only for the purpose of obtaining release of the truck. Petition disposed off. - Hon'ble Saumitra Dayal Singh And Hon'ble Manjive Shukla JJ. For the Petitioner : Utkarsh Tripathi,Ashutosh Kumar Tripathi For the Respondent : CSC ORDER 1. Heard Sri U ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he penalty order is wholly ex-parte against the petitioner. 3. By virtue of the statutory law, the petitioner may not be entitled to release of the truck unless he deposits Rs. One lakh as provided under proviso-1 of Section 129 (6) of the Act. In such facts, it appears that the petitioner is entitled to one opportunity of hearing before the authority to furnish his explanation and to establish th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r release of the vehicle, we dispose of the writ petition with the following directions:- (i) The petitioner may treat the penalty order as the show cause notice and furnish reply to the Respondent No. 2 only for the purpose of obtaining release of the truck. (ii) Subject to such reply/ application being filed by the petitioner, appropriate reasoned order may be passed by the said respondent after ..... X X X X Extracts X X X X X X X X Extracts X X X X
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