P.K. 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. 13.08.2013 passed by Additional Excise Commissioner, Bikaner 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 Bolero vehicle bearing Chassis No. GHKC1K70204 subject to the condition that petitioner shall deposit a sum of Rs. 4,00,000/ - (Rupees four lacs only).
(2.) THE vehicle of the petitioner aforesaid was seized by the Police Station Sardar Sahar, Churu 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 22.08.2013, the Court issued show cause notice to the respondents and passed following interim order: "In the meanwhile, subject to deposit of 50% of the penalty amount of Rs. 4,00,000/ - i.e. Rs. 2,00,000/ - imposed by the impugned order dt. 13.08.2013 (Annex. 3), the vehicle in question having Engine No. GHE 1 K 43757 and Chassis No. GHKC 1 K 70204 may be released subject to usual conditions and undertaking that he will not further allow misuse of said vehicle for carrying the transport of illicit liquor. The said deposit shall remain subject to decision of this writ petition."
(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 amount quantified by the Court and therefore the matter is required to be decided on merit.;