manufactured drugs
allegedly seized from his possession, the actual quantity of
morphine was only 91.7 gms which is below commercial quantity.
It has been submitted ... benefit of the aforesaid
amendment as the total quantity of morphine which has been
discovered from the mixture seized from him is only
this Court to Entry
35, which pertains to the substance Methyl Morphine (commonly
Signature Not Verified BAIL APPLN. 1136/2021 Page 5 of 36
Digitally ... narcotic substances and preparations to be
manufactured drugs, namely:-
xxx
35. Methyl morphine (commonly known as „Codeine‟) and
Ethyle morphine and their salts (including Dionine
Amarsingh was opium as described in the NDPS Act containing 2.8% anhydride morphine, apart from pieces of poppy (posedoda) flowers found in the sample ... opium as described in the NDPS Act having 1.2% anhydride morphine and also containing pieces of poppy flowers (posedoda). Both Amarsingh and Danabhai were charged
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 ... 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
decision by the Division
Bench:-
"Whether the percentage of morphine in a sample of
opium can by itself be determinative of the purity ... appellant raised a plea before the learned single Judge that as the morphine
content of the contraband said to have been recovered from the appellant
sample sent to the FSL was not found positive for Diacetyle
Morphine (Heroin) and that Monoacetyle Morphine is
neither a Narcotics Drug nor a Psychotropic ... Officer, FSL
Rohini had deposed that over a period of time Diacetyle
Morphine converted into Monoacetyle Morphine, depending
upon the environmental conditions like moisture
plea was raised
that as per the FSL report the content of morphine is only 0.24% which
worked out to 12 gm of the substance ... went only by the
morphine content then it cannot be said that the recovered quantity was
a commercial quantity. In other words, it was contended
retesting for the purpose of determining the
presence of "Diacetyl Morphin" Being aggrieved, DRI challenged the said
order vide ... dated 21.01.2015 (EX. PW19/8)
showed the percentage of "Diactyl Morphin" at 2.9%, 2.7%, 3%, 3.2% and
3.3% respectively.
9. Further, learned
does not include any preparation containing not more than 0.2 percent of morphine.
(xvi)" opium derivative" means -
(a) medicinal opium, that is, opium ... 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
black colour paste from the three packets gave positive
indication for morphine on Field Test Kit. The total weight of Morphine
recovered was found ... commercial quantity of possession of
5600 grams of morphine the Respondent should be convicted for the
possession of the three samples, that is, 25.9 grams
