Opium derivative definition under the NDPS Act sustained where morphine content exceeded the statutory threshold and quantity was commercial.

A preparation containing more than 0.2% morphine was treated as an opium derivative and therefore a manufactured drug under the NDPS Act, bringing the recovery within Section 21. The Court noted that the black liquid recovered from the accused was supported by forensic evidence showing opium with 2.8% anhydride morphine, which satisfied the statutory definition. It further held that Section 29 was not attracted because abetment or criminal conspiracy was not established, but the individual recovery of 920 grams exceeded the notified commercial quantity for opium derivatives. The amended punishment scheme therefore applied, and liability under Section 21(c) was sustained.

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Issues: (i) Whether the substance recovered from the appellant was a manufactured drug, namely opium derivative, so as to attract Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985. (ii) Whether the quantity recovered from the appellant was a commercial quantity, warranting punishment under Section 21(c) rather than a lesser clause, and whether Section 29 could be invoked on the facts.

Issue (i): Whether the substance recovered from the appellant was a manufactured drug, namely opium derivative, so as to attract Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Analysis: The recovered black liquid was not shown by acceptable evidence to be coagulated juice of the opium poppy or a simple mixture of such juice. The forensic report, however, recorded that the sample was opium as described in the Act and contained 2.8% anhydride morphine. On the statutory definitions, a preparation containing more than 0.2% morphine falls within opium derivative under Section 2(xvi)(e), and opium derivatives are manufactured drugs under Section 2(xi)(a). The material on record therefore placed the recovery within the ambit of illicit possession of a manufactured drug under Section 21.

Conclusion: The substance recovered from the appellant was correctly treated as a manufactured drug, and Section 21 was applicable.

Issue (ii): Whether the quantity recovered from the appellant was a commercial quantity, warranting punishment under Section 21(c) rather than a lesser clause, and whether Section 29 could be invoked on the facts.

Analysis: Section 29 was not attracted because the record did not establish abetment or criminal conspiracy; the two accused were found together but were individually carrying the recovered substances. Even so, the appellant's recovery of 920 grams was by itself above the notified commercial quantity for opium derivatives, which was 250 grams under Notification S.O. 1055(E) dated 19.10.2001. The amended punishment scheme under the 2001 amendment applied to pending matters, and the quantity recovered squarely fell within clause (c) of Section 21.

Conclusion: The appellant was liable to punishment under Section 21(c), and the challenge based on Section 29 and quantity failed.

Final Conclusion: The conviction and sentence under Section 21(c) were sustained, and the appeal was not accepted.

Ratio Decidendi: A preparation containing more than 0.2% morphine is an opium derivative and hence a manufactured drug under the NDPS Act, and if the recovered quantity exceeds the notified commercial quantity, punishment under Section 21(c) follows irrespective of an unproved allegation of conspiracy under Section 29.

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