Percentage of Morphine-Found in form of mixture - Harjit Singh Vs. State of Punjab

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ILC-2011-SC-CRL-Mar-17

Harjit Singh Vs. State of Punjab

Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 2

If it is Opium defined in clause (a) of Section 2(xv) - Percentage of Morphine contents - Totally irrelevant - If offending substance - Found in form of mixture - Specified in clause (b) of Section 2(xv) of Act - Quantity of morphine contents become relevant.

Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 18

Conviction and sentence under - Section 2(xv)(a) - 'Opium' - Police party apprehended - On search, 7.10 kg opium recovered from plastic bag - Commercial quantity of opium in form of coagulated juice - Not a mixture of opium with any other neutral substance - Held - Appellant in possession of contraband substance - Violated provisions of Section 8 of Act - Rightly convicted under Section 18(b) of Act - Appeal dismissed.

BENCH :

Hon'ble Mr. Justice P. Sathasivam , Hon'ble Dr. Justice B.S. Chauhan ,

Advocates For the Appellant(s) :

R.S. Suri, Sr. Advocate, V. Mukherjee, Ms. Suruchi Suri, Chanchal Kumar Ganguli, Advocates, with him

Advocates For the Respondent(s) :

Jayant K. Sud, AAG, Aman Raj G., Kuldip Singh, Advocates, with him

Topic(s)-Percentage of Morphine , Found in form of mixture

Important Decision(s)- NDPS - Percentage of Morphine - Found in form of mixture - (b) of Section 2(xv) - Relevant - Conviction proper.