Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2000 (4) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2000 (4) TMI 208 - SC - Indian LawsWhether poppy husks would fall within the expression “poppy straw”? Held that:- The definition of husk as given in Webster’s Dictionary, shows that the husk is 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. In the commentaries on NDPS Act by Mr. P.K. Jain it is set out that crushed capsules of poppy of commonly called “poppy husk” or “bhuki” whether extracted or not and that they contain a certain percentage of morphine and are often used as 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, in our view the producing, possessing, transporting, importing, exporting inter-State, selling, purchasing, using or omitting to warehouse poppy husk would be an offence under Section 15 inasmuch as poppy husk would fall within the term poppy straw as used in that Section. Appeal dismissed.
|