LexAJAIB SINGH versus STATE OF PUNJAB
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A AJAIB SINGH - --- v. STATE OF PUNJAB WITH B SAPINDER SINGH v. STATE OF PUNJAB APRIL 11, 2000 c [K.T. THOMAS, DORAISWAMYRAJU AND S.N. VARIAVA, JJ.] ,. Criminal Uiw : Narcotics Drugs an Psyclwtropic Substances Act, 1985 : Sections 2( xv), D (xvii) & (xviii) and 15. "Poppy husk"-Production, possession and transportation of-Held: "Poppy husk" falls within the tenn "poppy straw" under S.2(xviii)-Hence, production, possession and transportation of poppy husk in violation of any provisions of the Act is an offence under S.15-Whether it contains more than E 0.2 per cent of morphine or whether any juice has been extracted are not relevant. Worru- and Phrases: '..... "Poppy straw"-Meaning of-In the context of S.2(xviii) of the Narcot- F ics Drugs and Psychotropic Substances Act, 1985. "Husk" and "Poppy husk"-Meaning of -,.. The appellant-accused were convicted by the trial court for an of- fence under Section 15 of the Narcotics Drugs and Psychotropic Sub- G stances Act, 1985 for possession of ''poppy husks". The High Court con- firmed the conviction. Hence this appeal. On behalf of the appellants it was contended that Section 15 of the NDPS Act dealt with offences in relation to "poppy straw'' only; that the - appellants could not have been convicted unless the alleged offence fell H strictly within the provisions of the NDPS Act; that if the NDPS Act did not 1264 AJAIB SINGH AND ANR. v. STATE 1265 - provide for an offence in respect of "poppy busk" then the conviction A ., --- could not be maintained; that "poppy husk" did not contain more than 0.2 per cent of morphine and that "poppy husk" was not "poppy straw'' and that there could be no offence for possession of "poppy husk". - Dismissing the appeal, this Court B HELD : 1.1. Under Section 15 of the Narcotics Drugs and Psychotropic Substances Act, 1985 the offence is in respect of "poppy straw''. Even though the term ''poppy busk" has not been defined in the NDPS Act, the term "poppy straw'' bas been defined. The term ''poppy straw'' includes all parts (except the seeds) of the "opium poppy". "Opium poppy'' means the c plant of the species Pa paver. Thus except for the seed all other parts of the plant of the species Pa paver would fall in the term ''poppy straw''. Parts of the plant Papaver would fall within the term ''poppy straw'' even though no juice bas been extracted therefrom. For an offence under Section 15 it is not at all necessary that "poppy straw" should have been used or made into "opium". For cultivating, producing, manufacturing, possessing, selling, D purchasing, transporting, importing or exporting inter-State or using opium there is a separate offence provided for under Section 18. H the alleged offence is under Section 18, then the question may arise whether the preparation contained more than 0.2 per cent of morphine. For an offence under Section 15, question of considering whether the preparation contains E more than 0.2 per cent of morphine does not arise. Even though no juice may have been extracted, so long as it is a Pa paver, it would still be "poppy straw'' if it were a part of the plant Papaver. [1270-D-G) .. Modi: Medical Jurisprudence & Toxicology, Shorter Oxford Dictionary and Webster's Dictionary, referred to. F 2. A poppy seed is used in foods, sprinkled over sweets and also yields bland oil, which is used for culinary and lighting purposes. It is because of this that a seed has been excluded from the definition of poppy straw. Poppy seed could be used in food or Indian sweets or made into oil, which is largely used for culinary and lighting purposes only after it is de- G husked. The husk in any covering, especially when it is comparatively worthless. The husk whether it is on the seed or is removed from the seed --- remains a part of the plant Papaver. Crushed capsules of poppy are com- monly called "poppy husk" or "bhuki" whether extracted or not and that they contain a certain percentage of morphine and are often used as H A B 1266 SUPREME COURT REPORTS [2000] 2 S.C.R. addiction producing intoxicants. Thus it would fall within the definition of the term "poppy straw'', which includes all parts of the plant Papaver. While seed has been specifically excluded, husk has not been excluded from the definition of the term "poppy straw''. Therefore, the producing, possessing, transporting, importing, exporting inter-State, selling, purchas- ing, using o
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