TMI Blog2000 (4) TMI 208X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - 361 of 2000, 362 of 2000 - - - Dated:- 11-4-2000 - K.T. Thomas, Doraiswamy Raju and S.N. Variava, JJ. REPRESENTED BY : S/Shri O.P. Sharma, Sr. Advocates, R.C. Gubrele, Abhishek Atrey, Rao Ranjit, Rajiv Dutta, Uday Kumar, Advo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellants was poppy husk . It was submitted that the Appellants could not have been convicted unless the offence alleged against them fell strictly within the provisions of the NDPS Act. It was submitted that if the NDPS Act did not provide for any offence in respect of poppy husk then the convictions could not be maintained. 5. As a question of law was being raised notice was issued limited to this question. 6. Parties have been heard on the limited question of law. It must be mentioned that arguments have proceeded on an admitted footing that what had been recovered from both the Appellants was husk of the opium poppy plant i.e. husk of the plant of the species Papaver . 7. Before the arguments of the parties are considered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es but which may extend to two lakh rupees : Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. 8. Mr. O.P. Sharma for the Appellant Ajaib Singh has submitted that the offence under Section 15 is only in respect of producing, possessing, transporting, importing or exporting inter-State, selling, purchasing, using or omitting to warehouse poppy straw . Mr. Sharma submits that the terms poppy straw as defined in Section 2(xviii), opium poppy as defined in section 2(xvii) and opium as defined in Section 2(xv) all have a common ingredient i.e. opium . He submits that a conjoint reading of all the above-mentioned sub-clauses shows that an offence can only be in relation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat poppy husk would not have any somniferous poisons which affect on the Central Nervous System of the body. He submitted that poppy husk was merely the waste on the top covering of the seeds. He submitted that the poppy husk was part and parcel of the seed. He submitted that if it was removed from the seed it becomes waste which, by itself, was worthless. He submitted that Section 2(xviii) specifically provides that seed is not poppy straw . He submitted that poppy husk being part and parcel of seed would not fall within the definition of the term poppy straw. 10. On the other hand Shri Rajiv Dutta, learned Counsel for the respondent-State, has submitted that the provisions of the NDPS Act are very clear. He submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Appeal. However, it is a point of law which would have a bearing on a large number of cases. We, therefore, permit the Appellants to raise this point. It is a point of law which requires to be decided. 13. We are unable to accept the arguments of Mr. Sharma and Mr. Rao. Under Section 15 the offence is in respect of poppy straw . 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther 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 hu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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