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AIR 2000 SUPREME COURT 3374
::2000 AIR SCW 1636
Supreme Court Of India
(From : Punjab and Haryana)*
Hon'ble Judge(s):
K. T. Thomas,
Doraiswamy Raju,
S. N. Variava
, JJJ
Narcotic Drugs and Psychotropic Substances Act (61 of 1985) , S.2(18), S.15— Offences relating to "poppy straw" under S. 15 - Also, includes possessing "Poppy husk" - "Poppy husk" falls within term "poppy straw" as defined - It is not necessary that "poppy straw" should have been used or made into "Opium". Even though the term "poppy husk" has not been defined in NDPS Act, the term "poppy straw" has been defined. The term "Poppy straw" includes all parts (except the seeds of the "opium poppy". "Opium poppy" means the plant of the species papaver. Thus except for the seed all other parts of the plant of the species Papaver would fall in the term "Poppy straw". To be noted that parts of the plant Papaver would fall within the term "poppy straw" even though no juice has 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 cultivation, producing, manufacturing, possessing, selling purchasing, transporting, importing or exporting inter-State or using opium there is a separate offence provided for under Section 18. If the alleged offence is under Section 18, then the question may arise whether the preparation contained more than 0.2 percent of morphine. For an offence under Section 15, question of considering whether the preparation contains more than 0.2 per cent of....
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