Pankaj Bhandri, J.

The matter pertaining to grant of bail and the rider imposed in Clause (b) of Sub-Section 3 of Section 49 was taken up for consideration and counsels appearing for different petitioners in matter pertaining to Excise Act were heard at length.

2. It is argued by the counsel for the petitioners in different bail applications that Clause (b) of Sub-Section (3) of Section 49 though is para-materia to Section 37 of the NDPS Act but since the offence punishable under the NDPS Act is punishable with a sentence which is of 10 years and in some cases which may extend to 20 years, whereas, the maximum sentence provided under the Rajasthan Excise Act for being in possession of excess liquor ranges from 3 years to 5 years, therefore, liberal approach should be adopted in excise matters.

3. It is also contended that the drivers and the cleaners of the truck or vehicle who are low paid employees generally work on the directions of their owner/transporter and are generally illiterate and are not having knowledge as to whether the liquor is being transported in accordance with a valid permit or otherwise.

4. It is also contended that at times the owner of the vehicle is also not aware that his vehicle is carrying excisable article sans permit as the trucks are generally booked by the transporters and the owner is generally not aware about the contents of the consignment booked.

5. Learned Public Prosecutor has contended that the rider of Clause (b) of Sub-Section (3) of Section 49 would be applicable if the recovered liquor is more than 50 bulk ltrs. or the offence falls under Section 54-B, 54-D or 56 of the Rajasthan Excise Act and the Court can only grant bail on being satisfied that there are reasonable grounds for believing that the applicant is not guilty and that he is not likely to commit such offence while on bail.

6. I have considered the contentions.

7. The thrust of the argument of the Public Prosecutor is that the language used in Clause (b) of Sub-Section (3) of Section 49 is para-materia with Section 37 of the NDPS Act. As to whether the wording being para-materia the same has to be applied with same severity is being dealt with by the Court.

8. To properly appreciate the intent of the Legislation it would be appropriate to deal with the background objects and reasons for the enactments. The preamble of the Rajasthan Excise Act, 1950 reads as under:-

"An Act to enact for Rajasthan a uniform law relating to the import, transport, manufacturer, sale and possession of intoxicating liquor and intoxicating drugs and to provide for certain other matters hereinafter appearing."

9. In 1969 the Rajasthan Prohibition Act was enacted and the operation of the Rajasthan Excise Act 1950 was suspended. The Prohibition Act thus prevailed over this Act. On failure of the police to enforce prohibition and due to heavy loss of revenue the Rajasthan Prohibition Act 1969 was repealed by the Rajasthan Act No. 13 of 1981 with effect from 11.08.1981. The principle argument advanced by the State Government for bringing the Rajasthan Prohibition Act repealing Act 1981 was stated to be "heavy losses in revenue to the State."

10. One of the purpose of the Act was to raise revenue. The preamble indicates the object of the Act as follows-:

(a) to consolidate and amend the existing law.

(b) to regulate and prohibit various activities and dealings with liquor. The object behind this Act is mainly centred around the collection of excise duty and to raise the revenue of the State.

11. The Rajasthan Excise Act was amended in 2007 prior to the amendment in Section 49, for the purpose of bail offences under Section 54 and 56 of the Act were considered as non-bailable and rest of the offences under the Act were bailable. Modified application of certain provisions of Code, came into effect from 06.06.2007. A proviso to Section 54 was also inserted from the same date and the punishment for offence under Clause (a) of Section 54, where, quantity of liquo