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TMI Blog1989 (2) TMI 411X X X X Extracts X X X X X X X X Extracts X X X X ..... und the petitioner and his co-accused Amarjit Singh quarrelling and were snatching one book from each other and under the process the cover of the book had been torn into two pieces and each piece was found to contain a packet each. The Assistant Commissioner of Police and the S.H.O. had been called to the spot before taking search and those packets were found to contain morphine powder weighing 110 gms and after taking sample of 5 gms, the sample and the remaining morphine and the said book and the torn covers were sealed in three separate sealed parcels. Before effecting recovery Amarjit Singh had been enquired as to what the matter was and he had made a statement that in 1979 he had paid ₹ 5,000.00 to Om Parkash and the said morphi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of framing the charge has not to apply its judicial mind for considering whether or not there is a ground for presuming the commission of the offence by the accused. It Was held that the order framing the charges does substantially affect the person's libert and it cannot be said that the court must automatically frame the Charge merely because the prosecuting authorities by relying on the documents referred to in s. 173 consider it proper to institute the case. The responsibility of framing the charges is that of the court and it has to judicially consider the question of doing so. In the present case the facts do show that the books contained the morphine and the said book was being handled by the petitioner and his co-accused as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l. The word morphine has been defined in Webster's Third New International Dictionary to mean as the principal alkaloid of opium occurring in amounts upto 15 per cent . Opium as defined in Black's Medical, Dictionary lays down that the action of opium depends upon alkaloids it contains, of which no fewer than 18 are available from different kinds. Of these, the chief are morphine, coneine etc. So, morphine is the main and. principal alkaloid of opium and if morphine is found in the product above 0.2% the product has to be treated as ''opiume'' Thus, it is clear that morphine is the derivative of opium and is covered by the definition of ' 'manufactured drug . s. 22 of the NDPS Act pertains to posses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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