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1922 Supreme(Lah) 134

Lahore High Court
Harrison, J.
Mt Hamiri - Appellant
Versus
The Crown - Respondent
Decided On : 27-10-1922

JUDGMENT

Harrison, J. - Mr. Dalip Singh has put both sides of the case before me and has discussed the various meanings which can be put on the words "preparation" and "admixture."

2. As to the word "preparation" I agree with the view taken by the learned Sessions Judge, and hold that here it designates a completed or manufactured Article and not an Article in process of manufacture, the test being whether the stage has been reached at which it can be used.

3. So also the word "admixture" in my opinion refers only to a completed Article and can only be applied after the mixing has been finished, and not earlier. It is unnecessay to define the precise difference between an "admixture" and a "preparation." There is a difference, but the articles designated by both words only come within the scope of their respective definitions when they hare been prepared or mixed as the case may be. In the intermediate stages an offence has only been committed if the amount of opium used in the manufacture is more than that permitted by law. I, therefore, accept the application for revision and acquit Mt. Hamiri. The fine will be refunded.

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