2022 SCMR 1375
Control of Narcotic Substances Act ( XXV of 1997 ) --- -Ss . 2 ( 1 ) ( iii ) & 9 ( c ) --- Possession and transportation of 1650 kilograms of poppy straw --- Reappraisal of evidence - Sentence , reduction in --- Report of the Chemical Examiner failing to reveal percentage of morphine in the mixture and also as to what quantity of recovered whole poppy plants was sack / ponch / doda - In the FIR as well as in the recovery memo it had been mentioned that poast / poppy straw was recovered in plastic gunny bags but there is no mention that recovered items were got grinded or mixed and then sent to the Chemical Examiner -- On the other hand , contents of the report of Chemical Examiner indicate that samples sent to it were in grinded form i.e. grinded material of black and yellow coloured straws , seeds and stalks , which means that whole poppy plant would have been recovered from the accused - Perusal of section 2 ( 1 ) ( iii ) of the Control of Narcotic Substances Act , 1997 , showed that ' poast ' in the mixture form would only be considered a narcotics substance within the meaning of the Act if the same contained 0.2 percent of morphine --- However , the report of the Chemical Examiner reveals no such percentage Report of the Chemical Examiner , left no doubt that the recovered poast from the possession of the accused was grinded / mixed shape , therefore , the report of the Chemical Examiner ought to have mentioned the percentage of morphine in the whole mixture --- Record also did not show as to whether from the 1650 kilograms of poast , which was in the shape of whole poppy plants , how much quantity was the sack / pouch / doda as it is only the sack / pouch / doda which contained narcotic substance --- Therefore , in absence of such report , it was difficult to determine as to whether the case against the accused fell within the purview of section 9 ( a ) , 9 ( b ) or 9 ( c ) of the Act -- In circumstances , conviction of accused was maintained , however his sentence of imprisonment for life was reduced to that already undergone --- Appeal was partly allowed .
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