(B.R. Gavai and Vikram Nath, JJ.)
Criminal Appeal No(s). 959/2012, decided on November 23, 2022
State of Himachal Pradesh ___________________________ Appellant;
v.
Angrejo Devi and Others _________________________ Respondent(s).
With
Crl.A. No. 957/2012
Crl.A. No. 958/2012
Crl.A. No. 2040/2022 @ SLP (Crl) No. 761/2014
Criminal Appeal No(s). 959/2012; Crl.A. No. 957/2012; Crl.A. No. 958/2012; and Crl.A. No. 2040/2022 @ SLP (Crl) No. 761/2014
The Order of the court was delivered by
Order
1. Leave granted in SLP(Crl) No. 761/2014.
2. The High Court basically allowed the appeals on the ground that the prosecution has failed to establish that the seized material is not the genesis of a plant of Papaver somniferum L or any other plant, which is notified by the Central Government under Section 2(xvii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’).
3. On a reference, this Court in State of Himachal Pradesh v. Nirmal Kaur alias Nimmo, reported in 2022 SCC OnLine SC 1462, has decided the issue and it has been held that once it is found that the seized material contain ‘morphine’ and ‘meconic acid’ it is sufficient to establish that the seized material comes within the definition of Section 2(xvii) of the NDPS Act.
4. In that view of the matter, the impugned judgments and orders are quashed and set aside and the cases are remitted back to the High Court to consider the same afresh, in accordance with the judgment of this Court rendered in Nirmal Kaur alias Nimmo (supra).
5. The sentence imposed on the respondents herein are suspended till the High Court decides the matters on merits.
6. The appeals are allowed in the aforesaid terms.
7. Pending application(s), if any, shall stand disposed of.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
CRIMINAL APPEAL NO(S). 959/2012
The State of Himachal Pradesh.….Appellant(s)
v.
Angrejo Devi & Ors.….Respondent(s)
WITH
Crl.A. No. 957/2012 (II-C)
(IA No. 4276/2009 – STAY APPLICATION)
Crl.A. No. 958/2012 (II-C)
SLP(Crl) No. 761/2014 (II-C)
(IA No. 1913/2014 – STAY APPLICATION)
Date : 23-11-2022 These matters were called on for hearing today.
UPON hearing the counsel the Court made the following
ORDER
8. Leave granted in SLP(Crl) No. 761/2014.
9. The appeals are allowed, in terms of the signed order.
10. Pending application(s), if any, shall stand disposed of.
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