If Seized Contraband Is Found To Contain ‘Morphine’ & ‘Meconic Acid’, It Is Sufficient To Establish That It Is ‘Opium Poppy’: Supreme Court

Case: State of Himachal Pradesh vs Angejo Devi

Coram: Justices BR Gavai and Vikram Nath

Case No.: CrA 959/2012

Court Observation: 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 Once a Chemical Examiner establishes that the seized ‘poppy straw’ indicates a positive test for the contents of ‘morphine’ and ‘meconic acid’, it is sufficient to establish that it is covered by subclause (a) of Clause (xvii) of Section 2 of the 1985 Act and no further test would be necessary for establishing that the seized material is a part of ‘papaver somniferum L’. In other words, once it is established that the seized ‘poppy straw’ tests positive for the contents of ‘morphine’ and ‘meconic acid’, no other test would be necessary for bringing home the guilt of the accused under the provisions of Section 15 of the 1985 Act.

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Keywords

Seized Contraband, Meconic Acid, Morphine