9911796707
TMI Blog2022 (10) TMI 873X X X X Extracts X X X X X X X X Extracts X X X X ..... a. On the elevation of Hon'ble Mr. Justice P.S. Narasimha, Shri Parameshwar continued to assist this Court as amicus curiae. Factual Background: 3. On 25th July 2003, when Sarbjeet Singh (PW-12) along with some other police officials were on patrolling duty at Haroli in Una District, he was informed by Constable Upnesh Kumar (PW-1) that the respondent-accused was indulging in the illicit trading of 'poppy straw' and that she had kept huge quantity of 'poppy straw' in the room where fodder for the cattle had been stacked. 4. After complying with the formalities as prescribed under the 1985 Act, a raiding party was formed and the premises of the respondent was searched. During the search, a bag containing 20 Kgs. of 'poppy husk' was found in the room meant for stacking fodder. Two samples each weighing 250 grams were separated and sealed. The respondent was arrested. While in police custody, the respondent made a disclosure statement that she had concealed nine more gunny bags of 'poppy husk' on the side of khad near Gurudwara Girgirga Sahib. Accordingly, eight gunny bags each containing 40 Kgs. of 'poppy husk' and one bag containing 30 Kgs. of 'poppy husk' were recovered. From ea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th November 2004 passed by the trial court. Being aggrieved thereby, the State preferred an appeal before this Court. 7. During the pendency of the appeal, this Court found that important questions of law arose for consideration on the aforesaid issue. Vide a subsequent order of this Court dated 6th February 2019, the Union of India through its Secretary, Department of Revenue, Ministry of Finance, New Delhi was directed to be impleaded as the second respondent. Submissions: 8. We have accordingly heard Shri Abhinav Mukerji, learned Additional Advocate General (for short, "AAG") for the State of Himachal Pradesh and Shri Neeraj Jain, learned Senior Counsel appearing on behalf of the respondents. 9. We have also heard Shri K. Parameshwar, learned amicus curiae and Shri K.M. Nataraj, learned Additional Solicitor General (for short, "ASG") for the Union of India. 10. Shri Mukerji submitted that the view taken by the High Court is totally incorrect. The learned AAG submitted that under Article 47 of the Constitution of India, the State is duty bound to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the "1998 Manual"). He submitted that the two tests which are conducted by the appellant are the only tests which are recommended by the United Nations. The learned AAG further submitted that the Directorate of Forensic Science Services, Ministry of Home Affairs, Government of India, New Delhi has issued "Working Procedure Manual : Narcotics" in the year 2021 (hereinafter referred to as the "2021 Manual"). He submitted that the said Manual contains the tests which are required to be conducted for finding out the presence of 'opium/crude morphine' and 'meconic acid'. The learned AAG submitted that 'papaver somniferum L' is the only species which contains 'morphine' and 'meconic acid'. It is therefore submitted that the finding of the High Court that these two tests are not sufficient to reach to a conclusion that the species belong to 'papaver somniferum L' and as such, is not punishable under Section 15 of the 1985 Act, does not lay down a correct proposition of law. 13. Shri Mukerji relies on the judgments of this Court in the cases of State of M.P. and Others v. Ram Singh (2000) 5 SCC 88, Swantraj and Others v. State of Maharashtra (1975) 3 SCC 322 and NEPC Micon Limited and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... question is relevant only for 'poppy husk' or 'poppy straw' or for all other forms of 'poppies'? 17. Shri Parameshwar submitted that there are three families of narcotic drugs which are dealt with by the statute, namely, 'opium', 'cannabis (hemp)' and 'coca leaf'. He submitted that it is only the plant of 'papaver somniferum L' which contains 'opium'. He fairly submitted that the earlier enactments only recognized 'papaver somniferum L' as a source for 'opium'. It is only the 1985 Act which has also included sub-clause (b) in Clause (xvii) of Section 2 which provides for any other species of 'papaver' from which 'opium' or any 'phenanthrene alkaloid' can be extracted. However, such a species, to come under the provisions of the 1985 Act, is required to be notified by the Central Government. He fairly submitted that no such notification recognizing any other species of 'papaver' has been notified by the Central Government. 18. Shri Parameshwar also agrees with the submissions made by Shri Mukerji that India is also obligated to honour its obligations as per the decisions taken in various International Conventions. Shri Parameshwar has also taken us through different statutes, ena ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of any of the above forms of opium; but does not include any preparation containing not more than 0.2 per cent of morphine, or a manufactured drug as defined in Section 2 of the Dangerous Drugs Act, 1930;" 21. Thereafter, the Dangerous Drugs Act, 1930 (for short, "1930 Act") came to be enacted. The 1930 Act came to be enacted in pursuance to the Second International Opium Conference (Geneva Convention). The preamble of the 1930 Act would reveal that the Contracting Parties to the said Geneva Convention resolved to take further measures to suppress the contraband trafficking and abuse of dangerous drugs, especially those derived from 'opium', 'Indian hemp' and 'coca leaf'. It defined 'opium' in Clause (e) of Section 2 as under: "2. Definitions. ............. (e) "opium" means (i) the capsules of the poppy (Papaver somniferum L.); (ii) the spontaneously coagulated juice of such capsules which has not been submitted to any manipulations other than those necessary for packing and transport; and (iii) any mixture, with or without neutral materials, of any of the above forms of opium; but does not include any preparation containing not more than 0.2 per cent of morphine;" ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of offences under the said laws. (iii) Since the enactment of the aforesaid three Central Acts a vast body of international law in the field of narcotics control has evolved through various international treaties and protocols. The Government of India has been a party to these treaties and conventions which entails several obligations which are not covered or are only partly covered by the present Acts. (iv) During recent years new drugs of addiction which have come to be known as psychotropic substances have appeared on the scene and posed serious problems to national governments. There is no comprehensive law to enable exercise of control over psychotropic substances in India in the manner as envisaged in the Convention on Psychotropic Substances, 1971 to which India has also acceded." 24. It could thus be seen that the 1985 Act came to be enacted since the three earlier enactments, i.e., the 1857 Act, the 1878 Act and the 1930 Act were enacted a long time ago. It was also noticed that there were developments in the field of illicit drug trafficking and drug abuse at the national and international level. Many deficiencies had come to notice in the three earlier enactments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l parts (except the seeds) of the opium poppy after harvesting whether in their original form or cut, crushed or powdered and whether or not juice has been extracted therefrom; (xix) "poppy straw concentrate" means the material arising when poppy straw" has entered into a process for the concentration of its alkaloids;" 26. In the present case, we are concerned with the conviction in relation to 'poppy straw'. 'Poppy straw' has been defined to mean all parts of 'opium poppy' after harvesting, whether in their original form or cut, crushed or powdered and whether or not juice has been extracted therefrom. However, the said definition excludes the seeds. As such, 'poppy straw' would mean all parts of 'opium poppy' except the seeds. Therefore, for bringing home the guilt of the accused for contravention in relation to 'poppy straw', it will be relevant to refer to the definition of 'opium poppy'. 'Opium poppy' has been defined under Clause (xvii) of Section 2 of the 1985 Act which has been reproduced hereinabove. As per sub-clause (a) of Clause (xvii) of Section 2 of the 1985 Act, 'opium poppy' means the plant of the species 'papaver somniferum L'. As per sub-clause (b) thereof, 'o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contravention is in relation to 'poppy straw'. A combined reading of the definition given under Clauses (xvii) and (xviii) of Section 2, and Section 15 of the 1985 Act would reveal that, for bringing home the guilt of the accused, it will be necessary to establish that the seized material collected is any part of 'opium poppy' except the seeds. As such, what would be required to establish is that the genus of the seized material is 'opium poppy' as defined under Clause (xvii) of Section 2 of the 1985 Act. 30. The question that requires to be considered is as to whether it is sufficient for the prosecution to establish that the raw material contains 'morphine' and 'meconic acid' to bring it under sub-clause (a) of Clause (xvii) of Section 2 of the 1985 Act or is it necessary for the prosecution to further establish that, though the seized material contains 'morphine' and 'meconic acid', the genus of the seized material is 'papaver somniferum L' or any other species of 'papaver' from which 'opium' or any 'phenanthrene alkaloid' can be extracted and which is notified in the Official Gazette by the Central Government to be 'opium poppy' for the purposes of the 1985 Act. 31. It will b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provided in the said Protocol, which read thus: "Poppy" means the plant Papaver somniferum L., and any other species of Papaver which may be used for the production of opium; "Poppy straw" means all parts of the poppy after mowing (except the seeds) from which narcotics can be extracted; "Opium" means the coagulated juice of the poppy in whatever form including raw opium, medicinal opium, and prepared opium, but excluding galenical preparations;" 36. The efforts to combat the menace of drugs at the international level continued. Recognizing that addiction to narcotic drugs constitutes a serious evil for the individual and is fraught with social and economic danger to mankind, and conscious of the duty to prevent and combat this evil and understanding that such a universal action calls for an international co-operation, the Single Convention on Narcotic Drugs, 1961 (hereinafter referred to as "the 1961 Convention") was resolved. It was further amended by the 1972 Protocol. It will be relevant to refer to the definitions of 'medicinal opium', 'opium', 'opium poppy' and 'poppy straw', as found in the 1961 Convention: "o) "Medicinal opium" means opium which has undergone the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... operation of article 3 of the Single Convention be listed in Schedule I and become a "drug" of Schedule I - like the "opium" obtained from the species "Papaver somniferum L." - and thus be placed under the regime provided by the Single Convention for drugs in this Schedule. Its separation from the plant, not being "opium poppy" within the meaning of the Single Convention, would also not be "production", but "manufacture". Another way of handling such a situation would be an amendment of the definition of opium poppy so as to cover the additional species found to yield opium. It might in such a case be possible to obtain for such a revision the consensus of the Parties to the Single Convention required for the application of the simplified procedure foreseen in article 47." 39. The said Commentary would show that, it was at times difficult to consider as to whether different varieties of the same species or different species of the same genus, i.e., 'papaver setigerum' could be considered to be a variety of the species 'papaver somniferum L' or a separate species. It noted that the authors of the Single Convention appeared to have assumed that all plants from which opium can be obt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sent century. The flagrant misuse of 'opium' and its deleterious effects physically, mentally and morally became so widespread that it became a serious social problem in many countries. As a result of an agreement with China to progressively reduce the export of 'opium' to that country, the total area under 'poppy' cultivation substantially declined in 1960-1961. Further, the Government of India decided in the year 1949 to stop 'opium' consumption for non-medical and quasi-medical uses in the country completely by 1958-1959. 42. It will be apposite to reproduce the relevant extracts from the 1966 Dictionary as under: "CHEMICAL COMPOSITION Fresh opium is a brownish, somewhat plastic solid, becoming tough and occasionally brittle on keeping and has a characteristic fruity odour. Opium is valued for the alkaloids it contains, the total alkaloid content varying from 5 to 25% (generally 20%). A large number of alkaloids have been isolated from opium, of which at present 25 are known (Table 3). Morphine, codeine thebaine, narcotine, narceine and papaverine are the chief opium alkaloids, and of these morphine is the most abundant and by far the most important. Morphine exists in comb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing major alkaloids are found in 'raw opium': MAJOR ALKALOIDS FOUND IN RAW OPIUM Alkaloids min% avg% max% MORPHINE 3.1 11.4 19.2 CODEINE 0.7 3.5 6.6 THEBAINE 0.2 3.1 10.6 PAPAVERINE <0.1 3.2 9.0 NOSCAPINE 1.4 8.1 15.8 46. The 1998 Manual, on research, shows six major constituents in 'opium' and 'crude morphine' samples, viz., 'morphine', 'codeine', 'thebaine', 'papaverine', 'noscapine', and 'meconic acid'. 47. Another publication titled as "Analysis of Plant Poisons" authored by Dr. M.P. Goutam and Smt. Shubhra Goutam establishes that, apart from the six major alkaloids found in 'opium', 'meconic acid' is easily detectible in 'papaver somniferum L'. The study states that 'meconic acid' is invariably found in 'opium' and its presence has long been used to indicate 'opium'. The study shows that some species of 'papaver' which produces no morphine but other morphinanes may also contain this acid. However, the study shows that, insofar as 'papaver somniferum L' is concerned, 'morphine' and 'meconic acid' are found in it. 48. A publication published by the International Narcotics Control Board namely "Narcotic Drugs Stupefiants Estupefacientes - Estimated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he solution remains there. Take the second part and add a solution of mercuric chloride. The colour of the solution does not affect. Preparation of Mercuric Chloride Reagent: Dissolve 5 gms. mercuric chloride in 100 ml of water. Dilute Hydrochloric Acid [3]: About 10% W/W of HC1 in water Porphyroxine Test [1]: Take a small amount of suspected material on a spot plate and add two drops of water. Triturate it with glass rod. Take one drop of brown liquid from this mixture to another part of the plate, add one drop of 2 N hydrochloric acid and heat gently. Appearance of red colour indicates the presence of porphyroxine." 50. It could thus be seen that, though the positive results in the colour tests are only an indication for the presence of 'opium alkaloids', it is mandatory to confirm such results by the use of an alternate technique. It would further reveal that the Marquis Test indicates the presence of 'opium/crude morphine'. The Ferric Salt Test would reveal the presence of 'meconic acid'. It could thus be seen that, though colour test is positive, the same is required to be confirmed to establish the presence of 'opium/crude morphine' and 'meconic acid'. 51. In this bac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, what the mischief was for which the old law did not provide and the remedy which has been provided by the Constitution to cure that mischief." 54. The law laid down in the case of The Bengal Immunity Company Limited (supra) has been consistently followed by this Court. We will therefore have to examine the following four factors: (i) What was the position before the enactment of the 1985 Act? (ii) What was the mischief and defect for which the earlier enactments did not provide? (iii) What remedy had the Parliament resolved to cure the mischief and defect? (iv) The true reason for the remedy. 55. As already discussed hereinabove, the International Conventions consistently recognized that the 'papaver somniferum L' was used for the production of 'opium'. The 1878 Act as well as the 1930 Act also clearly recognized that 'opium' was derived from 'papaver somniferum L'. The voluminous scientific study has also recognized that the 'papaver somniferum L' contains 'morphine' and 'meconic acid'. 56. The 1953 Protocol first noticed that there are other species of 'papaver' which may be used for the production of 'opium'. The said Commentary again noticed this position. It also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... legislature provided discretion with the Central Government to declare the plant of any other species of 'papaver' from which 'opium' or any 'phenanthrene alkaloid' could be extracted to be 'opium poppy' for the purpose of the 1985 Act. 59. The legislature, being aware that scientific studies undisputedly establish that 'papaver somniferum L' contains 'morphine' and 'meconic acid' and as such, it may be used for the production of 'opium', by virtue of sub-clause (a) of Clause (xvii) of Section 2 of the 1985 Act, defined it to mean 'opium' for the purpose of the 1985 Act. Whereas, since it was noticed that some other species of 'papaver somniferum L' could also be used for the production of 'opium' which contains 'opium' or any 'phenanthrene alkaloid', it vested a discretion with the Central Government to issue a notification in the Official Gazette to declare such a plant to be 'opium poppy' for the purpose of the 1985 Act. 60. Since it is recognized by the earlier three enactments as well as the International Conventions and scientific studies that 'papaver somniferum L' contains 'morphine' and 'meconic acid', in our view, after the two tests positively indicate the sample of ' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uction of 'opium' and bring the same under the purview of the 1985 Act. The reason is that, if it is found that any species of 'papaver' is being used for the production of 'opium', the production of such a variety should not be permitted and the same be brought under the prohibitory and regulatory measures as provided under the 1985 Act. Purposive Interpretation: 66. That leaves us to deal with the next principle of interpretation which would govern the case. By now, it is a settled principle of law that an enactment has to be incorporated in such a manner which advances the purpose of the Act rather than interpretating in such a manner which defeats the purpose of the Act. 67. In the case of State of Kerala v. Mathai Verghese and Others (1986) 4 SCC 746, the High Court of Kerala has held that, for appreciating the provisions of Section 489-A of the Indian Penal Code, 1860 for possession of contraband notes, it was necessary to establish that the said currency notes would mean only Indian currency notes. This Court, reversing the judgment of the Kerala High Court, held thus: "6. .......It is not for the court to reframe the legislation for the very good reason that the powers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e legislators wholly or in part. It held that, if the court restricts the expression 'currency note' only to 'Indian currency note', it would defeat the intention of the legislature inasmuch as the court makes it lawful to possess counterfeit notes other than Indian currency notes. 69. In the case of Baldev Krishna Sahi v. Shipping Corporation of India Limited and Another (1987) 4 SCC 361, the provisions of Section 630 of the Companies Act, 1956 fell for consideration before this Court. It was argued before the court that, the term "officer" or "employee" used in the said Section would apply to the existing officers or employees and not past officers and employees. Negating the said contention, this Court observed thus: "7. The beneficent provision contained in Section 630 no doubt penal, has been purposely enacted by the legislature with the object of providing a summary procedure for retrieving the property of the company (a) where an officer or employee of a company wrongfully obtains possession of property of the company, or (b) where having been placed in possession of any such property during the course of his employment, wrongfully withholds possession of it after the ter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are clearly disjunctive." [emphasis supplied] 70. It is thus clear that this Court held that there was no reason to restrict the meaning of the term "officer or employee" to the existing officers or employees. It held that a situation where an officer or employee, though having lawfully obtained the possession of such property during the course of his employment, wrongfully withholds possession of it after the termination of the employment, would squarely be covered by the said Section. The Court also held that it is the duty of the court to place a broad and liberal construction on the provision in furtherance of the object and purpose of the legislation. The interpretation which suppresses the mischief and advances the remedy has to be preferred. 71. Though this Court in the case of Sanjay Dutt v. State through C.B.I., Bombay (II) (1994) 5 SCC 410, has held that in case of a penal statute, when two reasonable and possible constructions are possible, one which leans in favour of the accused could be preferred, it will still be relevant to refer to the following observations of the Constitution Bench in the said case: "13. The TADA Act was enacted to make special provisions for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al cases and this can be done by screening of the cases by a suitable machinery at a high level. It is reported that in some States, after the decision of this Court in Kartar Singh [(1994) 3 SCC 569 : 1994 SCC (Cri) 899] , high-powered committees have been constituted for screening all such cases. It is hoped that this action will be taken in all the States throughout the country. Persons aware of instances of abuse, including the National Human Rights Commission, can assist by reporting such instances with particulars to that machinery for prompt and effective cure. However, that is no reason, in law, to doubt its constitutionality or to alter the proper construction when there is a felt need by Parliament for enacting such a law to cope with, and prevent terrorist and disruptive activities threatening the unity and integrity of the country." [emphasis supplied] 72. It could thus be seen that the Constitution Bench held that it is the duty of the courts to accept a construction which promotes the object of the legislation. It was held that the construction made of any provision of the Act must be to promote the object of the enactment to enable the machinery to deal effectively ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ties of the public servants, should be liberally construed so as to advance its object. It was held that the overall public interest and the social object is required to be kept in mind while interpreting various provisions of the Act and deciding cases under it. 75. In the case of Balram Kumawat v. Union of India and Others (2003) 7 SCC 628, this Court had an occasion to consider the meaning of the word 'ivory' used in the Wild Life (Protection) Act, 1972. The court observed thus: "23. Furthermore, even in relation to a penal statute any narrow and pedantic, literal and lexical construction may not always be given effect to. The law would have to be interpreted having regard to the subject-matter of the offence and the object of the law it seeks to achieve. The purpose of the law is not to allow the offender to sneak out of the meshes of law. Criminal jurisprudence does not say so. 24. ........ 25. A statute must be construed as a workable instrument. Ut res magis valeat quam pereat is a well-known principle of law. In Tinsukhia Electric Supply Co. Ltd. v. State of Assam [(1989) 3 SCC 709 : AIR 1990 SC 123] this Court stated the law thus : (SCC p. 754, paras 118-120) " ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d accept the bolder construction for the purpose of bringing about an effective result. ......" 76. A perusal of the aforesaid observations would reveal that this Court held that, even in relation to a penal statute, any narrow and pedantic, literal and lexical construction may not always be given direct effect and the interpretation has to be preferred with regard to the subject matter of the offence and the object of law it seeks to achieve. The interpretation that defeats the plain intention of the legislature, even though there may be some inexactitude in the language used, will have to be rejected. It has been held that the golden construction for the purpose of bringing out an effective result will have to be accepted. 77. In the case of Standard Chartered Bank and Others v. Directorate of Enforcement and Others (2005) 4 SCC 530, it was contended before the Constitution Bench of this Court that no criminal proceedings can be initiated against the Company under Section 56(1) of the Foreign Exchange Regulation Act (FERA), 1973 since under the FERA Act, the minimum punishment prescribed is imprisonment for a term which shall not be less than six months with fine. The argument ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame book, observations of Sedgwick are quoted as under: "The more correct version of the doctrine appears to be that statutes of this class are to be fairly construed and faithfully applied according to the intent of the legislature, without unwarrantable severity on the one hand or unjustifiable lenity on the other, in cases of doubt the courts inclining to mercy." 25. The question, therefore, is what is the intention of the legislature. It is an undisputed fact that for all the statutory offences, company also could be prosecuted as the "person" defined in these Acts includes "company, or corporation or other incorporated body"." [emphasis supplied] 78. It is thus clear that the Constitution Bench has reiterated that penal provisions like all other provisions of other statutes are to be construed according to the legislative intent as expressed in the enactment. 79. Recently, a three-Judges Bench of this Court in the case of Hira Singh and Another v. Union of India and Another (2020) 20 SCC 272, while answering a reference with regard to the correctness of the view taken by this Court in the case of E. Micheal Raj v. Narcotics Control Bureau (2008) 5 SCC 161, to the effec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the purpose and spirit of the enactment so that no absurdity or practical inconvenience may result and the legislative exercise and its scope and object may not become futile." [emphasis supplied] 80. It could thus be seen that it is more than a settled principle of law that, while interpreting the provisions of the statute, the court has to prefer an interpretation which advances the purpose of the statute. Conclusion : 81. As already discussed hereinabove, since many deficiencies were found in the earlier enactments and the provisions therein were not found sufficient to deal with the problems of drug trafficking, it was found necessary to enact a new law since after passing of the earlier three Acts, there were tremendous developments on an international platform and a vast body of international law in the field of narcotics control had evolved through various international treaties and protocols. The Government of India had been a party to these treaties and conventions which entailed several obligations which were not covered or were only partly covered under the old Acts. It was further noticed that the scheme of the earlier Acts was not a sufficient deterrent to meet the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... However, noticing that there was some material to show that some other species of 'papaver' may also be used for the production of 'opium', the legislature, by an abundant precaution, also added sub-clause (b) in Clause (xvii) of Section 2 of the 1985 Act so as to enable the Central Government to notify such a species from which 'opium' or any 'phenanthrene alkaloid' can be extracted. The legislative intent is clear that the 1985 Act, in addition to retaining the species of 'papaver somniferum L' in the definition of 'opium poppy', enabled the Central Government to include any other species of 'papaver' from which 'opium' or any 'phenanthrene alkaloid' could be extracted. This declaration has to be done by a notification published in the official gazette. The legislative intent is to bring any other species of 'papaver' which can be used for manufacture of 'opium' within the prohibitory and regulatory provisions of the 1985 Act. 84. If the view as taken by the High Court is to be accepted, a person who has been found contravening the provisions of the 1985 Act and dealing with a contraband material which has been found in the Chemical Examiner's report to contain 'morphine' and ' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered view that the High Court was not justified in holding that, even after the Chemical Examiner's report establishes that the contraband contains 'meconic acid' and 'morphine', unless it was established that the same was derived from the species of 'papaver somniferum L', conviction under Section 15 of the 1985 Act could not be sustained. 89. As already discussed hereinabove, once it is established that the seized material contains 'meconic acid' and 'morphine', it will be sufficient to establish that it is derived from the plant 'papaver somniferum L' as defined in sub-clause (a) of Clause (xvii) of Section 2 of the 1985 Act. 90. We further find that the High Court was also not justified in observing that the Chemical Examiner's report, in the alternative, should establish that the seized material is a part of any other species of 'papaver' from which 'opium' or any 'phenanthrene alkaloid' could be extracted and which has been notified by the Central Government as 'opium' for the purpose of the 1985 Act. We fail to understand as to how a Chemical Examiner could be asked whether the seized material was a part of any other species of 'papaver' from which 'opium' or any other 'ph ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
