STATE OF RAJASTHAN Vs. GANPAT

JUDGEMENT

(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 :

(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.