Yashoda Kanwar vs State of Rajasthan and Others

Govind Mathur, J.—By order dt. 22.11.2011 the Additional Commissioner Excise, Jodhpur while exercising powers under the Rajasthan Excise Act, 1950 imposed a fine of Rs. 2,00,000/- upon the petitioner-appellant for release of the vehicle that was said to be used in transporting unauthorised liquor. Being aggrieved by the order passed by the Additional Commissioner the petitioner-appellant preferred a petition for writ that came to be rejected on 10.07.2012, hence this special appeal is preferred. The only submission of counsel for the appellant is that the learned Single Judge failed to appreciate that the fine imposed is quite exorbitant and also that the vehicle in question as a matter of fact was mortgaged with one Vikram Singh for Rs. 70,000/-.

Having considered the record available we do not find any wrong with the order passed by learned Single Judge. The value of the vehicle in question is Rs. 5,51,000/-, as such the fine of Rs. 2,00,000/- cannot be treated as exorbitant. So far as the issue with regard to placing the vehicle on mortgage is concerned, learned Single Judge in quite unambiguous terms noticed that no agreement for such mortgage was either produced before the transport authorities nor before this Court. As such, we do not find any reason to interfere with the order passed by learned Single Judge. The special appeal, therefore, is dismissed.