Narcotic Drugs and Psychotropic Substances Act, 1985
Section 2(xvii)(a)—Papaver somniferumm L—Necessary Test—Once a Chemical Examiner establishes that seized “poppy straw” indicates a positive test for contents of ‘morphine’ and ‘meconic acid’, it is sufficient to establish that it is covered by sub-clause (a) of Clause (xviii) of Section 2 of the NDPS Act and no further test would be necessary for establishing that the seized material is a part of ‘papaver somniferum L’.
Held : 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 establish that the same was derived from the species of ‘Papaver somniferumm L’, conviction under Section 15 of the NDPS Act could not be sustained. Once it is established that the seized material contains ‘meconic acid’ and ‘moprhine’, it will be sufficient to establbishe that it is derived from the plant ‘Papaver somniferumm L’ as defined in sub-clause (a) of Clause (xvii) of Section 2 of the NDPS Act. 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.
[Paras 88 to 91]
Decision : Appeal allowed