BUDH RAM Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) BY way of this writ petition, the petitioner has questioned legality of order dated 1.12.14 passed by the Additional Commissioner, Excise, Udaipur Zone, Udaipur, cancelling the license issued in favour of the petitioner for Vend of Lanced Poppy Heads (LPH) (for Wholesale and Retail Shops of Group Bikaner -I and production area Vallabhnagar -I), forfeiting the stock of Poppy Heads purchased by the petitioner from the opium cultivators of the area Vallabhnagar -I and deposited in the Wholesale and Bonded Warehouse, forfeiting the security deposit, withholding the bank guarantee and directing filing of the challan against the petitioner after investigation in the criminal case registered against him vide F.I.R. No. 20/2014 -15 dated 6.8.14.

(2.) THE relevant facts in nutshell are that the petitioner was issued licenses of wholesale shop for vend of LPH for Group Bikaner -I and for production area Vallabhnagar -I by the Additional Commissioner, Excise Zone, Bikaner for the period 2014 -15 i.e. from 1st April, 2014 to 31st March, 2015. Likewise, a license for Retail Shops of Group Bikaner -I, came to be issued in favour of the petitioner by the District Excise Officer, Bikaner. As per the terms and conditions of the license for the production area Vallabhnagar -I, it was incumbent upon the petitioner to collect the requisite LPH from 391 permit holders of Group Vallabhnagar -I. The petitioner was required to deposit the collected LPH to bond (excise duty free warehouse) or to wholesale warehouse (where requisite excise duty was supposed to be paid). The LPH to be collected from the area in question was to be consumed in consumption area i.e. Bikaner -I either in wholesale or in retail.

(3.) THE notice issued as aforesaid was responded to by the petitioner vide reply dated 25.7.14, taking the stand that despite the efforts being made, the cultivators are not supplying the requisite quantity of LPH, saying that the crops have been eaten away by Blue Bulls and are not available with them. The petitioner also furnished the list of the cultivators who refused to supply LPH in the requisite quantity. The petitioner requested for the help of the Department of Excise for collection of the requisite quantity of LPH from the cultivators.