STATE OF HIMACHAL PRADESH Vs. ANGREJO DEVI

JUDGEMENT

(1.) Leave granted in SLP(Crl) No.761/2014.

(2.) The High Court basically allowed the appeals on the ground that the prosecution has failed to establish that the seized material is not the genesis of a plant of Papaver somniferum L or any other plant, which is notified by the Central Government under Sec. 2(xvii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act').

(3.) On a reference, this Court in State of Himachal Pradesh v. Nirmal Kaur alias Nimmo and Others, reported in 2022 SCC Online SC 1462, has decided the issue and 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 Sec. 2(xvii) of the NDPS Act.