Pratap Krishna Lohra, J. - (1.) THIS matter comes up before this Court in the spirit of Lok Adalat for disposal. Petitioner has preferred this writ petition challenging the impugned order dt. 18.12.2013 passed by Additional Excise Commissioner, Jodhpur Zone, whereby while passing order under Sec. 69 read with Section 54A of the Rajasthan Excise Act 1950 (for short, 'Act of 1950'), it has ordered release of vehicle Scorpio No. RJ -07 -UA -0281 subject to the condition that petitioner shall deposit a sum of Rs. 2,50,000/ - (Rupees two lac fifty thousand only).
(2.) THE vehicle of the petitioner aforesaid was seized by the Police Station Pratap Nagar, Jodhpur and a case under Sec. 19/54 of the Act of 1950 was registered against the petitioner for unauthorizedly carrying contraband i.e. english wine without permission or licence. When the matter came up before this Court at the threshold, on 09.01.2014 the Court while admitting the petition issued notice to the respondents and passed following interim order: In the meanwhile, the vehicle confiscated shall not be put to auction provided the petitioner deposits a sum of Rs. 1,25,000/ - within a period of two weeks and furnishes solvent surety for the remaining amount to the satisfaction of District Excise Officer, Jodhpur. On compliance of the order passed as aforesaid by the petitioner, the vehicle seized shall be released to him on Supardginama.
(3.) LEARNED counsel for the petitioner submits that the case registered against the petitioner is false and therefore impugned order is liable to be quashed. Learned counsel further submits that pursuant to the interim order vehicle in question has already been released after deposition of the requisite(sic) amount quantified by the Court and therefore the matter is required to by decided on merit.;