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TMI Blog2022 (10) TMI 873X X X X Extracts X X X X X X X X Extracts X X X X ..... e Acts, there were tremendous developments on an international platform and a vast body of international law in the field of narcotics control had evolved through various international treaties and protocols. The Government of India had been a party to these treaties and conventions which entailed several obligations which were not covered or were only partly covered under the old Acts. It was well recognized under the earlier enactments, International Conventions and scientific studies that papaver somniferum L plant was the main source for the production of opium . The 1878 Act so also the 1930 Act had recognized this position. In the International Conventions also, this was recognized. Though for the first time in the 1953 Protocol, in addition to papaver somniferum L , any other species of papaver , which may be used for the production of opium was included in the definition of opium , the subsequent conventions of 1961 and 1988 again defined opium poppy as a plant of papaver somniferum L - If the construction as adopted in the impugned judgment is to be accepted, then, even if it is found that the Chemical Examiner s report establishes that the contraband articl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the sample of poppy straw and whether it is necessary for the prosecution to bring in materials to show as to what was the species of the contraband recovered? 2. Since the answer to the aforesaid questions have a bearing on a number of cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 1985 Act ), this Court, vide its order dated 14th August 2018, had requested Shri P.S. Narasimha, learned Senior Counsel (as he then was) to assist the court as amicus curiae. Shri K. Parameshwar, learned counsel was requested to assist Shri P.S. Narasimha. On the elevation of Hon ble Mr. Justice P.S. Narasimha, Shri Parameshwar continued to assist this Court as amicus curiae. Factual Background: 3. On 25th July 2003, when Sarbjeet Singh (PW-12) along with some other police officials were on patrolling duty at Haroli in Una District, he was informed by Constable Upnesh Kumar (PW-1) that the respondent-accused was indulging in the illicit trading of poppy straw and that she had kept huge quantity of poppy straw in the room where fodder for the cattle had been stacked. 4. After complying with the formalities as prescribed under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ufficient evidence to hold that the stuff recovered from the respondent, the sample of which was analysed by the Chemical Examiner, was poppy straw . The High Court further held that the prosecution had failed to prove the sample to be of poppy straw within the meaning of the 1985 Act and therefore, the respondent was not liable to conviction and punishment for the offence described in and made punishable under Section 15 of the 1985 Act. Accordingly, the High Court, vide impugned judgment dated 2nd November 2007, allowed the appeal and set aside the judgment and order of conviction and sentence dated 29th November 2004 passed by the trial court. Being aggrieved thereby, the State preferred an appeal before this Court. 7. During the pendency of the appeal, this Court found that important questions of law arose for consideration on the aforesaid issue. Vide a subsequent order of this Court dated 6th February 2019, the Union of India through its Secretary, Department of Revenue, Ministry of Finance, New Delhi was directed to be impleaded as the second respondent. Submissions: 8. We have accordingly heard Shri Abhinav Mukerji, learned Additional Advocate General (for s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Indian Raw Materials and Industrial Products, 1966 (hereinafter referred to as the 1966 Dictionary ), mentions six species of papaver . He submitted that a perusal of the said authority would reveal that papaver somniferum L is cultivated as the chief source of opium . He submitted that it is only papaver somniferum L which contains the alkaloids morphine and codeine . Shri Mukerji submitted that the United Nations International Drug Control Programme has recommended methods for testing opium , morphine and heroin in its Manual for use by the National Drug Testing Laboratories, 1998 (hereinafter referred to as the 1998 Manual ). He submitted that the two tests which are conducted by the appellant are the only tests which are recommended by the United Nations. The learned AAG further submitted that the Directorate of Forensic Science Services, Ministry of Home Affairs, Government of India, New Delhi has issued Working Procedure Manual : Narcotics in the year 2021 (hereinafter referred to as the 2021 Manual ). He submitted that the said Manual contains the tests which are required to be conducted for finding out the presence of opium/crude morphine and meconi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted (supra). 16. Shri Parameshwar, learned amicus curiae submitted that the following three issues arise for consideration in the present matter: (i) When the statute identifies only one species as contraband material and when the legislature leaves it open to the Central Government to notify any other species, it will not be permissible for the State to argue that a test which will prove that the contraband material belongs to the species of papaver somniferum L is not necessary; (ii) What is the appropriate test to identify that the contraband belongs to the species of papaver somniferum L ; and (iii) Whether the first question is relevant only for poppy husk or poppy straw or for all other forms of poppies ? 17. Shri Parameshwar submitted that there are three families of narcotic drugs which are dealt with by the statute, namely, opium , cannabis (hemp) and coca leaf . He submitted that it is only the plant of papaver somniferum L which contains opium . He fairly submitted that the earlier enactments only recognized papaver somniferum L as a source for opium . It is only the 1985 Act which has also included sub-clause (b) in Clause (xvii) of Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, the 1857 Act does not define opium . Thereafter in the year 1878, the Opium Act, 1878 (for short, 1878 Act ) was enacted to amend the laws relating to opium , wherein opium was defined as under: 3. Interpretation clause. - . Opium means- (i) the capsules of the poppy (papaver somniferum, L), whether in their original form or cut, rushed or powdered, and whether or not juice has been extracted therefrom; (ii) the spontaneously coagulated juice of such capsules which has not been submitted to any manipulations other than those necessary for packing and transport; and (iii) any mixture with or without natural materials, of any of the above forms of opium; but does not include any preparation containing not more than 0.2 per cent of morphine, or a manufactured drug as defined in Section 2 of the Dangerous Drugs Act, 1930; 21. Thereafter, the Dangerous Drugs Act, 1930 (for short, 1930 Act ) came to be enacted. The 1930 Act came to be enacted in pursuance to the Second International Opium Conference (Geneva Convention). The preamble of the 1930 Act would reveal that the Contracting Parties to the said Geneva Convention resolved to take fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imum term of imprisonment of 3 years with or without fine and 4 years imprisonment with or without fine for repeat offences. Further, no minimum punishment is prescribed in the present laws, as a result of which drug traffickers have been some times let off by the courts with nominal punishment. The country has for the last few years been increasingly facing the problem of transit traffic of drugs coming mainly from some of our neighboring countries and destined mainly to Western countries. (ii) The existing Central laws do not provide for investing the officers of a number of important Central enforcement agencies like Narcotics, Customs, Central Excise, etc., with the power of investigation of offences under the said laws. (iii) Since the enactment of the aforesaid three Central Acts a vast body of international law in the field of narcotics control has evolved through various international treaties and protocols. The Government of India has been a party to these treaties and conventions which entails several obligations which are not covered or are only partly covered by the present Acts. (iv) During recent years new drugs of addiction which have come to be known ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itable for smoking and the dross or other residue remaining after opium is smoked; (c) phenanthrene alkaloids, namely, morphine, codeine, thebaine and their salts: (d) diacetylmorphine, that is, the alkaloid also known as diamorphine or heroin and its salts; and (e) all preparations containing more than 0.2 per cent. of morphine or containing any diacetylmorphine; (xvii) opium poppy means- (a) the plant of the species Papaver somriferum L.; and (b) the plant of any other species of Papaver from which opium or any phenanthrene alkaloid can be extracted and which the Central Government may, by notification in the Official Gazette, declare to be opium poppy-for the purposes of this Act; (xviii) poppy straw means all parts (except the seeds) of the opium poppy after harvesting whether in their original form or cut, crushed or powdered and whether or not juice has been extracted therefrom; (xix) poppy straw concentrate means the material arising when poppy straw has entered into a process for the concentration of its alkaloids; 26. In the present case, we are concerned with the conviction in relation to poppy straw . Poppy straw has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fine exceeding two lakh rupees. 28. A perusal of Section 15 of the 1985 Act would reveal that, whoever, in contravention of any provisions of this Act or any rule or order made or condition of a licence granted thereunder, produces, possesses, transports, imports inter-State, exports inter-State, sells, purchases, uses or omits to warehouse poppy straw or removes or does any act in respect of warehoused poppy straw shall be punishable with rigorous imprisonment of minimum one year up to twenty years depending on the quantity and also a fine which may extend to minimum ten thousand rupees up to two lakh rupees. 29. It could thus be seen that, for bringing home the guilt of the accused within the ambit of Section 15 of the 1985 Act, it is necessary to establish that the contravention is in relation to poppy straw . A combined reading of the definition given under Clauses (xvii) and (xviii) of Section 2, and Section 15 of the 1985 Act would reveal that, for bringing home the guilt of the accused, it will be necessary to establish that the seized material collected is any part of opium poppy except the seeds. As such, what would be required to establish is that the genus of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The spontaneously coagulated juice obtained from the capsules of the papaver somniferum which has only been submitted to the necessary manipulations for packing and transport. 35. In order to further the determination to continue the efforts to combat drug addiction and illicit trafficking in narcotic substances and being aware about the fact that the desired results could be achieved only by close collaboration between the contracting parties, at the United Nations Opium Conference of 1953, the Protocol for Limiting and Regulating the Cultivation of the poppy plant , the Production of, International and Wholesale Trade in, and use of Opium (hereinafter referred to as the 1953 Protocol) came to be resolved. It will be relevant to refer to the definitions of poppy , poppy straw and opium provided in the said Protocol, which read thus: Poppy means the plant Papaver somniferum L., and any other species of Papaver which may be used for the production of opium; Poppy straw means all parts of the poppy after mowing (except the seeds) from which narcotics can be extracted; Opium means the coagulated juice of the poppy in whatever form including raw opium, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear to have assumed that all plants from which opium can be obtained in significant quantities are only varieties of a single species, Papaver somniferum L. They therefore defined opium poppy as the plant of the species Papaver somniferum L. The 1953 Protocol, on the other hand, defines Poppy to mean the plant Papaver somniferum L., and any other species of Papaver which may be used for the production of opium . 3. Should any plant which is considered not to be a variety of the species Papaver somniferum L., but another species of the genus Papaver, be found to yield opium, the plant itself and its product would not be covered by the control provisions of the Single Convention, but only by those of the Protocol. The coagulated juice of the plant would for the purposes of the Single Convention not be opium but could by the operation of article 3 of the Single Convention be listed in Schedule I and become a drug of Schedule I like the opium obtained from the species Papaver somniferum L. and thus be placed under the regime provided by the Single Convention for drugs in this Schedule. Its separation from the plant, not being opium poppy within the meaning of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ychotropic substances and the 1985 Act is enacted to give effect to the commitments in the international conventions. Scientific Studies : 41. A lot of research has undertaken with regard to the exact definition of opium poppy . In the 1966 Dictionary, papaver somniferum L' is defined as opium poppy . The said dictionary would reveal that opium poppy was cultivated for the production of opium and for poppy seeds . In India, cultivation of poppy for opium was established by the early sixteenth century and was a considerable source of revenue for successive governments. It also noted that opium was freely sold as an intoxicant within the country and exported for the same purpose to the far-eastern countries, particularly China. This resulted in the high acreage under opium poppy cultivation in the early part of the present century. The flagrant misuse of opium and its deleterious effects physically, mentally and morally became so widespread that it became a serious social problem in many countries. As a result of an agreement with China to progressively reduce the export of opium to that country, the total area under poppy cultivation substantiall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cast considerable doubt as to the presence of morphine in Papaver rhoeas. A major review by Kapoor on the botany and chemistry of the opium poppy is recommended additional reading. 45. It is thus seen that the 1998 Manual also emphasizes that the immediate precursor of heroin is morphine , and morphine is obtained from opium . It further states that opium is the dried milky juice obtained from the unripe seed pods of papaver somniferum L . It also notices that morphine has also been reported to be present in papaver setigerum , and as a minor alkaloid in papaver decaisnei and papaver rhoeas . It further notices that there is no known instance of these poppies being used for opium production. It also notices that a recent work has cast considerable doubt as to the presence of morphine in papaver rhoeas . The 1998 Manual also shows that the following major alkaloids are found in raw opium : MAJOR ALKALOIDS FOUND IN RAW OPIUM Alkaloids min% avg% max% MORPHINE 3.1 11.4 19.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ke a small amount of suspected sample in a test tube and add about 10 drops of water, crush the sample with a glass rod. Place a few drops of water solution through filter paper/supernatant liquid on a spotting plate and add few drops of Marquis reagent. The development of purple violet color indicates the presence of opium/crude morphine. Preparation of Marquis Reagent: 8-10 drops of 40% formaldehyde solution is added to 10 ml of Con. Sulphuric acid. b) Ferric Salt Test [1]: Take small aount of suspected material on a spot plate and add about 2 drops of water, triturate the sample until the water becomes brown colour. Take a drop of brown liquid to another part of the spot plate, add one drop of reagent. Appearance of brown purple colour indicates the positive test for the presence of meconic acid. This meconic acid is present in raw and prepared opium, but it will not be detected in crude morphine. Preparation of Ferric Salt Reagent: Dissolve 1 g of ferric sulphate in 20 ml of water. Alternate Test of Meconic Acid [2] : c) Ferric Chloride Test: Dissolve appropriate sample of opium in water and add a drop of dilute hydrochloric acid by few drops of 10% sol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d and appointed to cure the disease of the Commonwealth., and 4th. The true reason of the remedy; and then the office of all the Judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, and pro privato commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bona publico. In In re Mayfair Property Company [LR (1898) 2 Ch 28 at p. 35] Lindley, M.R. in 1898 found the rule as necessary now as it was when Lord Coke reported Heydon case . In Eastman Photographic Material Company v. Comptroller General of Patents, Designs and Trade Marks [LR (1898) AC 571 at 576] Earl of Halsbury reaffirmed the Rule as follows: My Lords, it appears to me that to construe the Statute in question, it is not only legitimate but highly convenient to refer both to the former Act and to the ascertained evils to which the former Act had given rise, and to the later Act which provided the remedy. These three being compared I cannot doubt the conclusion. It appears to us that this rule is equally applicabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of opium . To overcome this difficulty, the said Commentary recommended amendment in the definition of opium poppy so as to cover the additional species found to yield opium . 57. It is to be noted that, the Statement of Objects and Reasons of the 1985 Act would reveal that the 1985 Act was enacted since it was found that the earlier three enactments were not found sufficient to meet the challenges thereunder. It is also noticed that, after the enactment of the earlier three Acts, a vast body of international law in the field of narcotics control has evolved through various international treaties and protocols and as such, it was found necessary to bring out a consolidated enactment. 58. Viewed from this angle, it is clear that the legislature was aware that the plant of species papaver somniferum L which contained morphine and meconic acid was used for the production of opium . However, it was also noticed that there could be some other species of papaver from which opium or any other phenanthrene alkaloid could be extracted. In this background, Clause (xvii) of Section 2 of the 1985 Act was divided into two parts. In view of sub-clause (a) of Clause (xvii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to continue papaver somniferum L in the definition of opium poppy . However, by taking abundant precautions and to take care of a situation where any other species of papaver was found to be used for the production of opium , the legislature vested the Central Government with a power to include such a variety to mean opium poppy for the purpose of the 1985 Act. 63. In our view, the defect that was noticed by the legislature was that, though papaver somniferum L , which contained morphine and meconic acid and was used for the production of opium , was already included in the definition of opium in the earlier enactments, there was also a possibility of other variety of papaver being used for opium production, but could not be brought under the prohibitory and regulatory measures. This position would also be clarified by the observations made in the said Commentary referred to hereinabove. 64. The remedy, in our view, which the Parliament has provided is by way of incorporating sub-clause (b) in Clause (xvii) of Section 2 of the 1985 Act thereby empowering the Central Government to notify any other species of papaver from which opium or any other phena ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom being deceived or cheated. The citizens deal with and transact business with each other through the medium of currency [ Currency n. 1 a metal or paper medium of exchange that is in current use. (Collins English Dictionary)] (which expression includes coins as also paper currency that is to say currency notes). It is inconceivable why the legislature should be anxious to protect citizens from being deceived or cheated only in respect of Indian currency notes and not in respect of currency notes issued by other sovereign powers. The purpose of the legislation appears to be to ensure that a person accepting a currency note is given a genuine currency which can be exchanged for goods or services and not a worthless piece of paper which will bring him nothing in return, it being a counterfeit or a forged currency note. Would the legislature in its wisdom and anxiety to protect the unwary citizens extend immunity from being cheated in relation to Indian currency notes but show total unconcern in regard to their being cheated in respect of currency notes issued by any foreign State or sovereign power? . [emphasis supplied] 68. This Court holds that the manifest purpose of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of a company. It is also possible for such an officer or employee after termination of his employment to wrongfully take away possession of any such property. This is the function of clause (a) and although it primarily refers to the existing officers and employees, it may also take in past officers and employees. In contrast, clause (b) contemplates a case where an officer or employee of a company having any property of a company in his possession wrongfully withholds it or knowingly applies it to purposes other than those expressed or directed in the articles and authorised by the Act. It may well be that an officer or employee may have lawfully obtained possession of any such property during the course of his employment but wrongfully withholds it after the termination of his employment. That appears to be one of the functions of clause (b). It would be noticed that clause (b) also makes it an offence if any officer or employee of a company having any property of the company in his possession knowingly applies it to purposes other than those expressed or directed in the articles and authorised by the Act. That would primarily apply to the present officers and employees and may a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , therefore, be to promote the object of its enactment to enable the machinery to deal effectively with persons involved in, and associated with, terrorist and disruptive activities while ensuring that any person not in that category should not be subjected to the rigours of the stringent provisions of the TADA Act. It must, therefore, be borne in mind that any person who is being dealt with and prosecuted in accordance with the provisions of the TADA Act must ordinarily have the opportunity to show that he does not belong to the category of persons governed by the TADA Act. Such a course would permit exclusion from its ambit of the persons not intended to be covered by it while ensuring that any person meant to be governed by its provisions, will not escape the provisions of the TADA Act, which is the true object of the enactment. Such a course while promoting the object of the enactment would also prevent its misuse or abuse. Such a danger is not hypothetical but real in view of serious allegations supported by statistics of the misuse of provisions of the TADA Act and the concern to this effect voiced even by the National Human Rights Commission. 15. It is the duty of cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not defeat it. If the words of the statute are clear and unambiguous, it is the plainest duty of the court to give effect to the natural meaning of the words used in the provision. The question of construction arises only in the event of an ambiguity or the plain meaning of the words used in the statute would be self-defeating. The court is entitled to ascertain the intention of the legislature to remove the ambiguity by construing the provision of the statute as a whole keeping in view what was the mischief when the statute was enacted and to remove which the legislature enacted the statute. This rule of construction is so universally accepted that it need not be supported by precedents. Adopting this rule of construction, whenever a question of construction arises upon ambiguity or where two views are possible of a provision, it would be the duty of the court to adopt that construction which would advance the object underlying the Act, namely, to make effective provision for the prevention of bribery and corruption and at any rate not defeat it. 11. Procedural delays and technicalities of law should not be permitted to defeat the object sought to be achieved by the Act. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re so absolutely senseless that I could do nothing at all with them, I should be bound to find some meaning and not to declare them void for uncertainty. 119. In Fawcett Properties Ltd. v. Buckingham County Council [(1960) 3 All ER 503 : (1960) 3 WLR 831 (HL)] Lord Denning approving the dictum of Farwell, J. said : (All ER p. 516) But when a statute has some meaning, even though it is obscure, or several meanings, even though there is little to choose between them, the courts have to say what meaning the statute is to bear, rather than reject it as a nullity. 120. It is, therefore, the court's duty to make what it can of the statute, knowing that the statutes are meant to be operative and not inept and that nothing short of impossibility should allow a court to declare a statute unworkable. In Whitney v. IRC [1926 AC 37 : 95 LJKB 165 : 134 LT 98 (HL)] Lord Dunedin said : (AC p. 52) A statute is designed to be workable, and the interpretation thereof by a court should be to secure that object, unless crucial omission or clear direction makes that end unattainable. 26. The courts will therefore reject that construction which will defeat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f. All penal provisions like all other statutes are to be fairly construed according to the legislative intent as expressed in the enactment. Here, the legislative intent to prosecute corporate bodies for the offence committed by them is clear and explicit and the statute never intended to exonerate them from being prosecuted. It is sheer violence to common sense that the legislature intended to punish the corporate bodies for minor and silly offences and extended immunity of prosecution to major and grave economic crimes. 24. The distinction between a strict construction and a more free one has disappeared in modern times and now mostly the question is what is true construction of the statute? A passage in Craies on Statute Law, 7th Edn. reads to the following effect: The distinction between a strict and a liberal construction has almost disappeared with regard to all classes of statutes, so that all statutes, whether penal or not, are now construed by substantially the same rules. All modern Acts are framed with regard to equitable as well as legal principles. A hundred years ago, said the court in Lyons' case [Lyons v. Lyons, 1858 Bell CC 38 : 169 ER 1158] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to mould or creatively interpret the legislation by liberally interpreting the statute. In the said decision this Court has also quoted (at SCC pp. 453-54, para 25) the following passage in Maxwell on Interpretation of Statutes, 10th Edn. p. 229: 25. Where the language of a statute, in its ordinary meaning and grammatical construction, leads to a manifest contradiction of the apparent purpose of the enactment, or to some inconvenience or absurdity, hardship or injustice, presumably not intended, a construction may be put upon it which modifies the meaning of the words, and even the structure of the sentence. Where the main object and intention of a statute are clear, it must not be reduced to a nullity by the draftsman's unskilfulness or ignorance of the law, except in a case of necessity, or the absolute intractability of the language used. Thereafter, it is further observed that to winch up the legislative intent, it is permissible for courts to take into account the ostensible purpose and object and the real legislative intent. Otherwise, a bare mechanical interpretation of the words and application of the legislative intent devoid of concept of purpose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udies that papaver somniferum L plant was the main source for the production of opium . The 1878 Act so also the 1930 Act had recognized this position. In the International Conventions also, this was recognized. Though for the first time in the 1953 Protocol, in addition to papaver somniferum L , any other species of papaver , which may be used for the production of opium was included in the definition of opium , the subsequent conventions of 1961 and 1988 again defined opium poppy as a plant of papaver somniferum L . The scientific study conducted at the national as well as the global level establishes that papaver somniferum L consists of morphine and meconic acid . If the construction as adopted in the impugned judgment is to be accepted, then, even if it is found that the Chemical Examiner s report establishes that the contraband article contains morphine and meconic acid , a person cannot be convicted unless it is further established that the contraband material has a genesis in papaver somniferum L . 83. Shri Kapil Sharma, Chemical Examiner was present in the Court. He reiterated that the morphine test and the meconic test are the only two tests ava ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ointly and holding that the said quantity was more than the commercial quantity, warranting punishment under Section 21(c) of the 1985 Act. In the said case, the opinion given by the FSL was that it was opium as described in the 1985 Act. The court from the evidence found that the substance recovered from the appellant therein had 2.8% anhydride morphine. The court therefore held that it would amount to opium derivative within the meaning of Section 2(xvi)(e) of the 1985 Act. It was therefore held that, what was recovered from the appellant therein was manufactured drug within the meaning of Section 2(xi) of the 1985 Act. The Court therefore held that the offence proved against the appellant therein clearly fell within Section 21 of the 1985 Act for illicit possession of a manufactured drug . We fail to understand as to how the said judgment could be said to be a proposition for holding that, unless the Chemical Examiner s report establishes that the contraband material was derived from the species of papaver somniferum L , conviction under Section 15 of the 1985 Act would not be tenable. 87. Insofar as the judgment of this Court in the case of Baidyanath Mishra (supra), ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed under the provisions of Section 15 of the 1985 Act. 92. Before we part with the judgment, we must place on record that Shri Parameshwar, learned amicus curiae and Shri Mukerji, learned AAG have taken great pains in researching various scientific study as well as the relevant material at the national and international level. We place on record our deep appreciation for the valuable assistance rendered by both Shri Parameshwar and Shri Mukerji. We must also place on record that Shri Parameshwar has ably placed before us both the sides of the present issue, one from the perspective of the accused and the other from the perspective of the prosecution. 93. Insofar as the present appeal is concerned, since the appeal is allowed by the High Court only on the aforesaid ground without considering any other material, we remand the matter to the High Court for consideration afresh in accordance with what has been held by us hereinabove. 94. Mr. Neeraj Jain, learned senior counsel appearing for the respondent(s) submits that since the judgment and order of the High Court has been set aside, the respondent(s)-accused would be required to surrender. 95. We suspend the sentence ti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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