Narcotic Drugs & Psychotropic Substances Act, 1985–Recovery of opium–Determination of weight of substance–Relevant principles-
(1) Once it is determined that the seized substance is opium, then the weight of the entire substance would have to be considered for the purpose of determining whether it is small or commercial quantity-Percentage of the content of morphine would have no role to play in such a determination.
(2) For a substance to be regarded as opium, it must fall under either of the two categories mentioned in Sec. 2(xv) of Act.
(3) If the substance falls under the first category of Sec. 2(xv), it is the coagulated juice of opium poppy, then it would not be necessary to examine as to whether it contains more than 0.2% of morphine or not-That test is only in relation to the second category of opium, when it is in the form of a mixture, with or without any neutral material comprising of the coagulated juice of opium poppy.
(4) Merely because a substance contains more than 2% morphine, does not mean that the substance is opium–It would be opium only if it falls within the definition of opium as given in Sec. 2(xv) of Act.
