Supreme Court · 2011 INSC 245 · Decided 30 March 2011
Harjit Singh v. State of Punjab
- Court
- Supreme Court of India
- Citation
- 2011 INSC 245 · [2011] 5 S.C.R. 691
- Case number
- CRIMINAL APPEAL No. 816/2011
- Decided
- 30 March 2011
- Bench
- P. SATHASIVAM, B.S. CHAUHAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 20; NDPS Act Section 2, 8, 18
Headnote
Narcotic Drugs and Psychotropic Substances Act, 1985 - ss. 2, 8 and 18 - Distinction between Opium and Morphine A B - Recovery of contraband - Conviction of accused-appellant C - Whether when the entire substance recovered is opium and not any kind of mixture, the question of determining the is relevant - Held: Morphine is one of the derivatives of the Opium - The requirement under the law is first to identify and o classify the recovered substance and then to find out under · what· entry it is required to be dealt with - If it is Opium as defined in clause (a) of
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