- (1.) Challenge in this appeal is to the judgment dated 31st August, 1996 whereby the Special Judge, Sikar convicted the respondent Ganpat in the offence under Section 19 read with Section 54 of the Rajasthan Excise Act and released him on Probation of good conduct under the Provisions of Section 4 of Probation of Offenders Act and acquitted him in the offence under Section 8 read with Section 18 of Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act 1985').
(2.) The prosecution version as unfolded during trial is as follows : "That on 4th September, 1992 PW/5 Shri Jagdish Prasad Excise Inspector, Sikar having found a secret information reached at the residential house of accused respondent Ganpat situated in Mohallah Darogan, Sikar and with the assistance of excise force cordoned off the house. The accused Ganpat was not in his house and found to have been working in the canteen of Meenakshi Cinema hall, so he was summoned through a constable. The Excise Inspector took the search of the house of accused Ganpat and found six bottles of Aristocrat whiskey and one polythene bag lying in an Almirah. The Polythene bag contained opium which was 850 grams in weight. It is averred that a sample of 50 grams of opium was taken separately and both 800 grams opium and a sample of 50 grams were duly sealed. Shri Jagdish Prasad Excise Inspector recovered the 6 bottles of Aristocrat whiskey and 850 grams of opium and seized the same vide memo Ex.P/1, prepared site plan vide memo Ex.P/2, sent them for chemical analysis to FSL, recorded the statements of the witnesses and after usual investigation sent the accused respondent Ganpat for trial to the competent Court."
(3.) The respondent was indicted for the offences under Section 19/54 of the Rajasthan Excise Act and 8/18 of Act 1985 who pleaded not guilty to the charges and claimed trial. The prosecution examined seven witnesses to prove its case. In his explanation under Section 313 of Cr.P.C, the respondent admitted the recovery of 6 bottles of Aristocrat Whiskey from his house but declined the recovery of opium and claimed innocence. On completion of trial, the Court decided the case as indicated hereinabove.;