The same is as follows Statement of Objects and Reasons The incidence of unauthorised transportation of excisable articles had increased in recent past and it was numbericed that owners of such vehicles were indulging in these activities with impunity.
The High Court numbered that 75 similar petitions were filed before the Jaipur Bench raising similar companytentions.
905 of 2002 With CIVIL APPEAL NO.291 OF 2004, CIVIL APPEAL NO.3575 OF 2002, CIVIL APPEAL NO.4562 of 2002 and CIVIL APPEAL NO.906 of 2002 Dr. ARIJTI PASAYAT, J. In all these appeals challenge is to the judgment of the Rajasthan High Court at Jodhpur dismissing the writ petitions filed under Articles 226 and 227 of the Constitution of India, 1950 in short the Constitution .
The companytentions raised on behalf of the appellant in the writ petitions challenging the vires of the provisions were founded on the following allegations The provisions of the amendment are companytrary to Article 254 of the Constitution and without the assent of the President those are ultra vires 2.
The respondent State prayed for dismissal of the writ petition on the ground that the Act was within the legislative companypetence of the State Government under Item 8 read with Items 64 65 of List II of the 7th Schedule of the Constitution and is a special Act dealing with right of the State to regulate production, transfer, storage, possession and sale of liquor or intoxicating drugs.
REPORTABLE CIVIL APPEAL NO.
2 may be declared invalid and may be quashed and set aside Pending decision, if any further order is made or action is taken prejudicial to the interest of the petitioner, the same may also be quashed and set aside.
