CWP No.7307 of 2007 1 In the High Court of Punjab and Haryana, Chandigarh. CWP No.7307 of 2007(O&M) Date of Decision: 11.03.2010 Amarjit Singh ....Petitioner Versus State of Haryana and others ....Respondents. Coram:- Hon'ble Mr. Justice Adarsh Kumar Goel Hon'ble Mr. Justice Alok Singh 1.Whether reporters of local news papers may be allowed to see judgement ? 2. To be referred to reporters or not ? 3. Whether the judgement should be reported in the Digest ? Present: Mr. J.P. Sharma, Advocate for the petitioners. Ms. Ritu Bahri, Sr. DAG, Haryana for the respondents. ... Alok Singh, J. By way of present writ petition, petitioner is assailing orders dated 24.6.2005 (Annexure P-3), 19.10.2005 (Annexure P-4) passed by respondents No.3 and 2 respectively and further to release the surety bond given by the petitioner regarding truck bearing No.HR-55-3751. Brief facts of the case are that truck bearing No.HR-55-3751 was intercepted within the territory of Haryana and the truck was found carrying 1216 IMFS/Rum owned by M/s. Oasis Distilleries Ltd., Village Barali, Tehsil Badnawar, District Dhar (M.P.). At the time of checking, driver of the truck produced licence, invoices, forms, except transit form Tax-1. Owner of the distillery – M/s. Oasis Distilleries Ltd. was imposed CWP No.7307 of 2007 2 penalty of Rs.45 lacs vide order dated 29.7.2004 for transporting the liquor in the truck of the petitioner without carrying transit form Tax-1. It was directed that recovery of penalty amount imposed against the distillery be made within 25 days of the service of order dated 29.7.2004, failing which the vehicle in question shall stand confiscated under Section 87 of the Punjab Excise Act, 1914 read with Rule 13 of the Haryana Imposition and Penalty Rules, 2003 (hereinafter referred to as the Rules). We have heard learned counsel for the parties and perused the record. Undisputedly, Vehicle bearing No.HR-55-3751 was directed to be confiscated for non-payment of penalty imposed against M/s. Oasis Distilleries Ltd.. Undisputedly, M/s. Oasis Distilleries Ltd. has filed CWP No.3034 of 2005 challenging imposition of penalty. We have decided CWP No.3034 of 2005 vide order dated 11.3.2010, quashing penalty of Rs.45 lacs and substituted the penalty of Rs.10,000/- In view of above, present writ petition deserves to be allowed in the light of judgement of this Court dated 11.3.2010 in CWP No.3034 of 2005. Writ petition is allowed. Impugned orders are quashed. It is directed that in the event of payment of penalty of Rs.10,000/-, as directed by us in CWP No.3034 of 2005, vehicle in question will be released in favour of the petitioner. ( Alok Singh ) Judge ( Adarsh Kumar Goel ) Judge 11.03.2010 sk.