JUDGMENT

R.C. Lahoti, J.-Leave granted in SLP (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 Section 3 of the Act which read as under:-

3. Definitions.-In this Act unless there is something repugnant in the subject or context-

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(14) "Intoxicating drug" means-

(i) the leaves, small stalks and flowering or fruiting tops of the hemp plant (Cannabia 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