PANKAJ BHANDRI,J. - (1.) The matter pertaining to grant of bail and the rider imposed in Clause (b) of Sub-Section 3 of Section 49 was taken up for consideration and counsels appearing for different petitioners in matter pertaining to Excise Act were heard at length.
(2.) It is argued by the counsel for the petitioners in different bail applications that Clause (b) of Sub-Section (3) of Section 49 though is para-materia to Section 37 of the NDPS Act but since the offence punishable under the NDPS Act is punishable with a sentence which is of 10 years and in some cases which may extend to 20 years, whereas, the maximum sentence provided under the Rajasthan Excise Act for being in possession of excess liquor ranges from 3 years to 5 years, therefore, liberal approach should be adopted in excise matters.
(3.) It is also contended that the drivers and the cleaners of the truck or vehicle who are low paid employees generally work on the directions of their owner/transporter and are generally illiterate and are not having knowledge as to whether the liquor is being transported in accordance with a valid permit or otherwise.;