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KARAMJIT SINGH versus STATE OF PUNJAB

High Court of Punjab and Haryana, Chandigarh

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KARAMJIT SINGH v. STATE OF PUNJAB - CRM-62831-M-2005 [2006] RD-P&H 1375 (3 March 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

CRL. MISC. NO. 62831-M OF 2005 (O&M)

DATE OF DECISION: 16.03.2006

KARAMJIT SINGH

...PETITIONER

VERSUS

STATE OF PUNJAB

...RESPONDENT

CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
PRESENT: Mr A.P.S. Deol, Advocate,

for the petitioner.

Mr G.S. Bhandari, DAG, Punjab.

---

ORDER:

On 2.12.2005, the following order was passed:- "Counsel for the petitioner says that though report has been given that contents of sample are poppy head, there is no indication that the same was species of Papaver somniferum L or any other notified plant.

Learned counsel for the State submits that the report that the contents of sample were poppy head is enough to hold that the said contraband was covered by the definition of poppy straw and further details were a matter of trial. However, he seeks time to ascertain the basis for declaring the sample to be poppy head.

List again on 13.1.2006."

Today, counsel for the State has relied upon a Division Bench judgment of this court in Ajmer Singh vs. State of Punjab, 2003(2) Recent Criminal Reports 256, wherein it was observed as under:- "As in the identification test the word found present is used by the Examiner in first part, this in our view, indicates specie only which was to be opium poppy. Simply that the analyst has not defined the plant of species Papaver somniferum L or the plant of any other species of Papaver from which opium or any phenanthrene alkaloid could be extracted would not be a ground to come to the conclusion that the substance which was sent to the Laboratory was not the opium poppy as described in section 2(xvii) of the Act. We, thus, conclude that the substance which was sent to the analyst was opium and nothing else. Admittedly, there is no dispute about the presence of percentage of morphine which falls under the definition of opium as derived from section (xv) of the Act. The first contention, thus, being of no avail is hereby repelled."

Counsel for the State has also produced a report from the Public Analyst to the following effect:-

"This is brought to the Hon'ble Courts Notice that the Poppy Head is nothing but PAPAVER SOMNIFERUM L as defined in the Punjab Opium Order 1956 under head Definitions (d) Annexture (A)

So in the report mentioning of word Poppy Head is PAPAVER SOMNIFERUM L and Poppy Straw of N.D.P.S. Act 1985.

Meconic Acid is found in opium along with 25 alkaloids such as Morphine, Codeine etc. (Annexture-B)

Meconic Acid is derivative of Opium (Ref:- The Condenced Chemical Dictionary By:- Arthur & Elizabeth Rose) (Annexture C). Even small quantity of Meconic Acid can indicate the presence of Opium (Annexture "B" under heading Meconic Acid)

Identification of Morphine in Poppy Head is performed to eliminate the presence of any other Non- Morphine containing Species of Papaver which may produce the Meconic Acid (Annexture B under the heading Meconic Acid) Meconic Acid and Morphine are contents of PAPAVER SOMNIFERUM L (Poppy Head) and are tested qualitatively as mentioned in the report. Their mere presence shows the presence of PAPAVER SOMNIFERUM L or Opium Poppy as stated "POPPY STRAW" in N.D.P.S. Act."

In view of above, without expressing any opinion on merits, no case is made out for grant of bail at this stage.

The petition is dismissed.

March 16, 2006 ( ADARSH KUMAR GOEL )

sanjeev JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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