Once It Is Found That Contraband Contains 'Morphine' & 'Meconic Acid' It Is Sufficient To Establish That It Is 'Opium Poppy'- SC
|The Supreme Court has observed that once it is found that the seized material contains 'morphine' or 'meconic acid' it is sufficient to establish that the seized material comes within the definition of Section 2(xvii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 i.e., 'Opium Poppy.'
In this case, the High Court had allowed the appeals on the ground that the prosecution has failed to establish that the seized material is not the genesis of a plant of Papaver somniferum L or any other plant, which is notified by the Central Government under Section 2(xvii) of the NDPS Act.
The Bench of Justice BR Gavai and Justice Vikram Nath referred to the recent decision of the Apex Court in the case of State of Himachal Pradesh v. Nirmal Kaur alias Nimmo and Others wherein the Court decided the issue and it has been held that once it is found that the seized material contain 'morphine' and 'meconic acid' it is sufficient to establish that the seized material comes within the definition of Section 2(xvii) of the NDPS Act.
AOR Abhinav Mukherji appeared for the Appellant while ASG Aishwarya Bhati appeared for the Respondents before the Court.
In that view of the matter, the Court quashed and set aside the impugned judgments and orders and remitted the cases back to the High Court to consider the same afresh, in accordance with the judgment of the Apex Court rendered in Nirmal Kaur alias Nimmo and Others (supra).
The Court thus, suspended the sentence imposed on the Respondents till High Court decides the matter on merits and allowed the appeals.
Cause Title – The State of Himachal Pradesh v. Angrejo Devi & Ors.