CHANDRESH KALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these sixteen writ petitions are laid by petitioners seeking annulment of the orders passed by the respondent Addl. Excise Commissioner, Jodhpur/Udaipur/Bikaner, deciding their applications for release of seized vehicles used in 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 petitioners 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 the release of confiscated vehicle on depositing the amount of penalty within stipulated time else to auction the confiscated vehicle.

(3.) PER contra, Dr. Sachin Acharya, learned counsel for the respondent/s submits that against the impugned orders, statutory remedy of appeal is available to the petitioners and the said remedy of the appeal is provided under Section 9 -A of the Act of 1950. Section 9 -A of the Act of 1950 is reproduced as infra: