BHAGIRATH BISHNOI Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing impugned notice Annex. -1 dated 24.8.2008, notice Annex. -3 dated 26.8.2008, notice Annex. -4 and 5 dated 28.8.2008, notice Annex. -8 dated 29.8.2008, notice Annex. -10 dated 3.9.2008 and notice Annex. -15 dated 17.9.2008 and for setting aside the proceedings initiated against the petitioner in pursuance of the aforesaid notices.

(2.) According to brief facts of the case, the petitioner sent a consignment of SS circle in Truck No. R.1 01 -G/3240 from Jodhpur to Chennai. On 24.8.2008, the said truck was seized by respondent No. 3 and a notice under Sec. 76(5)(a) of the Raj. VAT Act, 2003 (referred to hereinafter as "the Act") was given to the driver of the truck asking him to take the truck to RTO Chowki Mawli and the driver was directed to produce the bill book. The petitioner immediately submitted reply to the notice.

(3.) The case of the petitioner is that he has sent the consignment to M/s Vardan Enterprises, Chennai vide bill No. 42 dated 22.8.2008. The truck was carrying SS circle weighing 16196 kg and VAT form No. 49 was also accompanying the goods in question. The bill books were also produced by the petitioner as directed by respondent No. 3. Thereafter, a request was made by the petitioner to release the truck as he was bearing charges of Rs. 2,500/ - per day.