Adarsh Kumar Goel, J. - (1.) THIS matter has been placed before Division Bench on a reference by learned Single Judge dated 25.2.2008 for reconsideration of an earlier judgment of Single Bench in Sewak Singh v. State of Punjab 1998 (4) RCR (Criminal) 832, wherein it was held that the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act") are not attracted in respect of injections containing Morphine Sulphate. Morphine Sulphate injection was not covered by the definition of "psychotropic substances" under Section 2 (xxiii) of the Act. The said substance was also not covered by the definition of "Manufactured Drug" as defined under Section 2 (xi) of the Act, which included opium derivatives.
(2.) LEARNED Single Judge observed in the reference order that as per Forensic Science Laboratory report, Morphine Sulphate was found which had average quantity of 19 mg. per ml. and in such a situation, the substance was covered under Section 2 (xvi), the same being opium derivative and, thus, view taken in the earlier Single Bench judgment was erroneous. The relevant observations of the learned Single Judge in the reference order are as under: - "As per Section 2 (xv), anything containing more than 0.2 per cent of morphine is opium.
(3.) SECTION 2 (xvi) gives meaning of the opium derivative and is reproduced below: "(xvi) "opium derivative" means - (a) medicinal opium, that is, opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the Indian Pharmacopoeia or any other pharmacopoeia notified in this behalf by the Central Government, whether in powder form or granulated or otherwise or mixed with neutral materials; (b) prepared opium, that is, any product of opium by any series of operations designed to transform opium into an extract suitable for smoking and the dross or other residue remaining after opium is smoked; (c) phenanthrene alkaloids, namely, morphine, condeine, thebaine and their salts; (d) diacetylmorphine, that is, the alkaloid also known as diamorphine or heroin and its salts; and (e) all preparations containing more than 0.2 per cent. of morphine or containing any diacetylmorphine;" Chemically, morphine sulphate is 7, 8 - didehydro -4, 5 - epoxy -17 - methyl - morphinian -3, 6 - diol sulphate (2: 1) 2 (salt) pentahydrate.;