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Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.08.2022 11:15:39 This file is digitally signed by PS to HMJ ANU MALHOTRA.
8. During the course of the submissions made on 08.08.2022 during the hearing of the appeal, the learned counsel for the appellant however submitted that apart from the contention that the appellant as per the FSL report was not found to be in possession of the 1.5 Kgs of Diacetyle Morphine (Heroin) in view of the FSL report dated 28.12.2011 which as per the chemical analysis, TLC, GC, GC-MS & HPTLC examination had opined that Exhibit A, the cloth parcel sealed with seals of "CRM" and "DST" sent by the SHO Crime Branch vide letter No.873/SHO/ Crime Branch dated 29.08.2011 in relation to FIR No.217/2011 dated 19.08.2011 which contained a brown colored powder with granules kept inside a polythene weighed approximately 5.48 Gms. which polythene was found to contain paracetamol, caffeine and Monoacetyle Morphine, and it was thus submitted on behalf of the appellant that the prosecution version that the appellant was in possession of 1.5 Kgs. of heroin i.e., Diacetyle Morphine was not established, and that thus, the appellant be released on the period of detention already undergone by him, in as much as, he cannot be held to have been rightly convicted for possession of a commercial quantity of heroin. In view of this submission made on behalf of the appellant, it is only this contention raised on behalf of the appellant that is being taken up for consideration.
commercial quantity" of the narcotic drugs or psychotropic substances.
16. In these circumstances, the factum that Exhibit PX, the FSL result dated 28.12.2011 indicated that on examination of the Exhibit A sent to the laboratory in the instant case it was found to contain paracetamol, caffeine and monoacetyle morphine in view of the deposition dated 18.05.2016 of Dr. Lingaraj Sahoo, Senior Scientific Officer of the FSL to the effect:-
"Paracetamol and caffeine are additives used for increasing the quantity of substance where as monoacetyl morphine is formed during the process of acetylation of morphine to diacetyl morphine as well as during the degradation / hydrolysis of diacetyl morphine. I cannot tell whether monoacetyl morphine is covered as a Narcotic Drug and Psychotropic substance.", and in view of the testimony dated 08.07.2016 of the said witness Dr. Lingaraj Sahoo, Senior Scientific Officer of the FSL in continuation to his statement dated 18.05.2016, which read to the effect:-
"As per FSL report Exbt. PX, the sample in this case was found to contain Paracetamol, Caffiene and Monoacetyl Morphine. As per literature, over a period of time, diacetyl Morphine converts into Monoacetyl Morphine and Monoacetyl Morphine converts into Morphin. Depending on the environmental conditions like moisture in the environment and in the sample, the diacetyl morphine can convert into monoacetyl morphine and morphine by the process of hydrolysis. Diacetyl Morphine and Monoacetyl Morphine are the synthesized products of Morphine. XXXXXXXX by Sh. C.S. Tyagi, LAC for the accused. It is correct that the chemical name of Heroin is not monoacetyle morphine.", Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.08.2022 11:15:39 This file is digitally signed by PS to HMJ ANU MALHOTRA.