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Supreme Court of India · 20/10/2022

STATE OF HIMACHAL PRADESH versus NIRMAL KAUR @ NIMMO AND OTHERS

[2022] 11 S.C.R. 369 · 2022 INSC 1121

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Summary

The respondent was convicted under Section 15(c) of the NDPS Act for possessing a commercial quantity of poppy straw. The Himachal Pradesh High Court acquitted her. It held that the Chemical Examiner's tests, which showed morphine and meconic acid, did not prove that the material came from Papaver somniferum L. or a notified species. The Supreme Court disagreed. Earlier Opium and Dangerous Drugs Acts, international conventions and scientific studies all treat Papaver somniferum L. as the opium-bearing plant containing morphine and meconic acid. Clause (b) of Section 2(xvii) only lets the Centre notify other species, and none has been notified. Applying the mischief rule and purposive interpretation, a positive test for morphine and meconic acid suffices to show the poppy straw falls within Section 2(xvii)(a). The case was remanded, with the sentence suspended meanwhile.

Issues

  1. Whether, to convict under Section 15 of the NDPS Act for poppy straw, the prosecution must prove beyond positive tests for morphine and meconic acid that the material belongs to the species Papaver somniferum L.

Provisions considered

Held

Result

Appeal allowed; the High Court's judgment set aside and the criminal appeal remanded to it for fresh consideration on merits in accordance with this judgment; the respondent's sentence suspended until the High Court decides; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 11 S.C.R. 369.