A.K. SIKRI, ACTING CHIEF JUSTICE

1. These two petitions, besides impugning the vires of Section 59 of the Delhi Excise Act, 2009 also impugn the separate but similar orders of the Commissioner, Excise dismissing the appeals preferred by each of the petitioners against the orders of the Deputy Commissioner, Excise confiscating vehicles of the petitioners and ordering the same to be sold in public auction. Mandamus is also sought for return of the vehicles.

2. The vehicle owned by each of the petitioners was intercepted and found carrying liquor and thus involved in an offence under Section 33 of the Act and was confiscated. The relevant part of Section 33 is as under:

“33. Penalty for unlawful import, export, transport, manufacture, possession, sale etc. – whoever, in contravention of provision of this Act or of any rule or order made or notification issued or of any licence, permit or pass, granted under this Act –

(a) manufactures, imports, exports, transports or removes any intoxicant;

(b) ………………………………………

(c) ………………………………………

(d) ………………………………………

(e) ………………………………………

(f) ………………………………………

shall be punishable with imprisonment for a term which shall not be less than six months but which