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2019 Supreme(Bom) 1088

S.C.DHARMADHIKARI, G.S.PATEL
Chailbihari Trading Private Limited – Appellant
Versus
Union of India Through Ministry of Finance, (Department of Revenue) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S.P. Bharati, i/b Yadav P.R.
For the Respondent: Mr. Dhanesh Ramanlal Shah, Mr. H.S. Venegaonkar
For the Applicant : Mr. Kevic Setalvad, Senior Counsel, a/w Rajesh Datar, Prahlad Paranjape, Sneha Prabhu, Manish Kelkar and Akshay Kandarkar

JUDGMENT :

G.S. PATEL, J.

1. Papaver somniferum, commonly known as the opium poppy or bread seed poppy, is a species of flowering plant in the family Papaveraceae. From it are derived opium and poppy seeds. The plant can be grown domestically in a garden, but is said to be historically native to the eastern Mediterranean. It is cultivated on a large-scale for three primary purposes. The first is to produce poppy seed for human consumption, chiefly in bread and pastry. In kitchens in India, we know it as khas-khas. The second is to produce opium for pharmaceutical use. The third is to produce other alkaloids, mainly the baine and oripavine. These are processed by the pharmaceutical industry into drugs such as hydrocodone and oxycodone. Opium (“poppy tears”; Lachryma papaveris) is the dried latex obtained from Papaver somniferum. Approximately 12% of the opium latex is made up of the analgesic alkaloid morphine. This is processed chemically to produce heroin and other synthetic opioids. Opium was prohibited in many countries during the early 20th century, leading to the modern pattern of opium production as a precursor for illegal recreational drugs or tightly regulated legal prescript

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