VYAS, J. - (1.) SINCE all these writ petitions involve common question of law and fact and arise out of the order dated 21. 4. 2007 of Excise Commissioner, Udaipur, passed separately in each case, they are being disposed of by this common order.
(2.) IN this bunch of writ petitions, the petitioners are challenging the impugned order dated 21. 4. 2007 (Annex. 7) and further seeking direction to the respondents to release the vehicles in favour of the petitioners by setting aside the penalty amount. It is also prayed that High Court may appoint an independent agency to inquire into the entire episode so that truth may come on the floor. The petitioners have also prayed for special cost of litigation and compensation. The facts of all these cases are almost similar, therefore, facts mentioned in S. B. Civil Writ Petition No. 3100/2007, Smt. Suman Singh vs. State of Rajasthan & Others are taken into consideration for adjudication of these writ petitions. The facts narrated in the writ petition are that the petitioner is owner of truck No. HR38-H-2500 and is doing the business of transportation of Indian Made Foreign Liquor (hereinafter referred to as `imfl') of Gwalior Distillers Limited, Gwalior on rent basis. On 28. 2. 2007 the said truck was carrying IMFL along with 12 other trucks for transportation from Gwalior to Delhi under the import license issued by District Excise Officer (IMFL, Union Territory of Delhi) after making payment of required excise duty for the said route and when the said truck reached near Police Station, Saifu District Dholpur then they were checked by the SHO Shri Manohar Lal Meena and on being asked, the driver of the truck produced all relevant documents for his perusal and inspection. According to the petitioner, the license issued by the competent authority in which route was prescribed from Gwalior - Dholpur - Alwar - New Delhi along with permit, transit pass, bill and builty were produced but ignoring all the above documents, the Police Authority registered FIR No. 38/2007 dated 1. 3. 2007. Excise Inspector was also called, who also registered a case against the driver and seized the truck and material.
(3.) AFTER seizure, an application was moved through power of attorney of Managing Director of Gwalior Distillers Limited, Rairu, Gwalior before the learned Addl. Chief Judicial Magistrate, Dholpur for release of IMFL. The power of attorney holder of supplier produced the import & export license, permit and relevant bills of liquor and the learned ACJM while recording the finding of fact that liquor was transported under a valid license & permit released the liquor. Thereafter, an application was filed by the petitioner through his power of attorney before the Excise Commissioner, Udaipur for releasing the truck, but in turn the Excise Commissioner after hearing both the parties passed the confiscation order of the said vehicle and also imposed penalty of Rs. 1,70,000/ -. The said order was passed on 21. 4. 2007 and petitioner was directed to deposit the penalty amount within fifteen days. The same order was made for remaining vehicles and different amount of penalty was imposed. ;