State of Gujarat Vs. Gopal Laxman Thakur and Anr.
EmailAppeal: Criminal Appeal No. 63 of 1999
(From the Judgment and Order dated 27.4.98 of the Gujarat High Court in Crl.A.No. 146 of 1990)
(From the Judgment and Order dated 27.4.98 of the Gujarat High Court in Crl.A.No. 146 of 1990)
Petitioner: State of Gujarat
Respondent: Gopal Laxman Thakur and Anr.
Apeal: Criminal Appeal No. 63 of 1999
(From the Judgment and Order dated 27.4.98 of the Gujarat High Court in Crl.A.No. 146 of 1990)
(From the Judgment and Order dated 27.4.98 of the Gujarat High Court in Crl.A.No. 146 of 1990)
Judges: B.P. SINGH & B.N. SRIKRISHNA, JJ.
Date of Judgment: Feb 03, 2005
Appearances:
Ms. Hemantika Wahi, Mr. Maulik Nanavati and Mrs. Sadhana Sandu, Advocates for the Appellant.
Head Note:
CRIMINAL LAWS
Narcotic Drugs and Psychotropic Substances Act, 1985
Sections 2 (xvii), 15 – Opium poppy – Recovered goods examined at Forensic Science Laboratory – Botanical examination and laboratory report, describing the substance as “poppy capsule” and identified as fragments of poppy capsules. Held that it does not identify with substance as defined in Section 2 (xvii) of the Act. (Para 2)
Narcotic Drugs and Psychotropic Substances Act, 1985
Sections 2 (xvii), 15 – Opium poppy – Recovered goods examined at Forensic Science Laboratory – Botanical examination and laboratory report, describing the substance as “poppy capsule” and identified as fragments of poppy capsules. Held that it does not identify with substance as defined in Section 2 (xvii) of the Act. (Para 2)
JUDGEMENT:
B.P. Singh, J.
1. In this appeal by special leave the judgment and order of the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 146/90 dated 27th April, 1998 has been impugned whereby the High Court allowed the appeal preferred by the respondents and set aside their conviction for the offence under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act’).
2. The crucial finding recorded by the High Court is that the report of the Forensic Science Laboratory exhibit 9, exhibit 11 and Botanical examination report exhibit 12 as also the laboratory report as contained in exhibit 9 discloses that substance found was a poppy capsule and that it was identified as fragments of poppy capsules. The said description does not identify the substance found to be opium poppy as defined under Section 2 (xvii) of the NDPS Act.
3. Counsel for the appellant stated that the respondents are not traceable and they have not been appeared before this Court to defend themselves. He, therefore, does not wish to press this appeal. This appeal is, therefore, dismissed as not pressed.
1. In this appeal by special leave the judgment and order of the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 146/90 dated 27th April, 1998 has been impugned whereby the High Court allowed the appeal preferred by the respondents and set aside their conviction for the offence under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act’).
2. The crucial finding recorded by the High Court is that the report of the Forensic Science Laboratory exhibit 9, exhibit 11 and Botanical examination report exhibit 12 as also the laboratory report as contained in exhibit 9 discloses that substance found was a poppy capsule and that it was identified as fragments of poppy capsules. The said description does not identify the substance found to be opium poppy as defined under Section 2 (xvii) of the NDPS Act.
3. Counsel for the appellant stated that the respondents are not traceable and they have not been appeared before this Court to defend themselves. He, therefore, does not wish to press this appeal. This appeal is, therefore, dismissed as not pressed.
