RAMA RAM Vs. STATE OF RAJASTHAN & OTHERS

JUDGEMENT

(1.) This writ petition is laid by petitioner seeking annulment of the order passed by the respondent Excise Commissioner, Udaipur, deciding his application for release of seized vehicle used in illegal transportation of liquor.

(2.) The learned Excise Commissioner after examining the matter in its entirety, while resorting to Section 54 of the Rajasthan Excise Act, 1950 (hereinafter referred as the Act of 1950) has found the petitioner guilty and invoking Section 69(1)(e) of the Act of 1950 confiscated the vehicle under Section 69(4) of the Act of 1950. In the final outcome, the learned Addl. Excise Commissioner while imposing penalty has directed release of confiscated vehicle on depositing the amount of penalty within stipulated time else to auction the confiscated vehicle.

(3.) Learned counsel for the petitioner submits that the order passed by the learned Excise Commissioner is illegal and contrary to the provisions of the Act of 1950 and as a consequence to the same, the petitioner has been deprived of his vehicle in an absolutely arbitrary manner.