R. C. Lahoti, J. - (1.) Leave granted in S.L.P. (C) Nos. 14845/1994 and 11674/1995.
(2.) The Rajasthan Excise Act, 1950 (Act No. 2 of 1950) was passed by the State Legislature of Rajasthan to enact for Rajasthan a uniform law relating to the import, export, transport, manufacture, sale and possession of intoxicating liquor and of intoxicating drugs. It came into force w.e.f. 1-5-1950. For the purpose of this judgment it would suffice to notice the definitions of 'intoxicating drug' and 'liquor' as given in clauses (14) and (15) of S. 3 of the Act which read as under :-
(3.) Definitions.- In this Act unless there is something repugnant in the subject or context - ********** (14) "Intoxicating drug' means - (i) the leaves, small stalks and flowering or fruiting tops of the hemp plant (Cannabla Sativa) including all forms known as Bhang, Sidhi or Ganja; (ii) charas, that is, the resin obtained from the hemp plant, which has not been submitted to any manipulations other than those necessary for packing and transport; (iii) any mixture, with or without neutral materials, of any of the above forms of intoxicating drug, or any drink prepared therefrom, and (iv) any other intoxicating or narcotic substance which the State Government may declare; by notification in the Official Gazette, to be an intoxicating drug, such substance not being opium, coca leaf or a manufactured drug as defined in the Dangerous Drugs Act, 1930 (Central Act II of 1930). (15) "Liquor" means intoxicating liquor and includes spirit of Wine, Spirit, Wine, Tari, Pachawar, Beer and all liquid consisting of, or containing alcohol, as also any substance which the State Government may from time to time by notification in the Official Gazette declare to be liquor for the purposes of this Act;" 3. In exercise of the powers conferred by S. 41 of the Rajasthan Excise Act 1950, the State Government framed the Rajasthan Intoxicating Spirituous Preparations, Import, Export, Transport, Possession and Sales Rules, 1989 (hereinafter referred to as 'Rajasthan ISP Rules', for short) and published the same vide notification dated November 6, 1989. In these rules, vide clause (g) of Rule 3, 'intoxicating spirituous preparations' are defined to mean "spirituous preparations notified as liquor by the Government from time to time". Extensive provisions are made in the rules governing possession, import, export and transport, sale of intoxicating spirituous preparations ('ISPs', for short). ;