TaxTMI 
TaxTMI 
2000 (4) TMI 208
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Substances Act, 1985 (for short the 'NDPS Act'). Each of them was sentenced to undergo rigorous imprisonment for ten years and a fine of Rupees one lakh. In default of payment of fine Appellant Ajaib Singh was to undergo rigorous imprisonment for a period of three years and Appellant Sapinder Singh was to undergo rigorous imprisonment for a period of one year. They filed separate appeals and the High Court of Punjab and Haryana dismissed their appeals by separate judgments and those judgements are now impugned before us. Appellant Ajaib Singh was found to be in possession of 10 kilograms of Poppy husks on 4-6-1996. Appellant Sapinder Singh was found to be in possession of 10 bags each containing 34 kilograms of poppy husks on 23-12-1993. T....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e any preparation containing not more than 0.2 per cent of morphine. Section 2(xvii) "opium poppy" means - (a) the plant of the species Papaver sommiferum L.; and (b) the plant of any other species of Papaver from which opium or any phenanthrene alkaloid can be extracted and which the Central Government may, by notification in the Official Gazette, declare to be opium poppy for the purposes of this Act; Section 2(xviii) 'poppy straw' means all parts (except the seeds) of the opium poppy after harvesting whether in their original or cut, crushed or powered and whether or not juice has been extracted therefrom." "Section 15. Punishment for contravention in relation of poppy straw. - Whoever, in contravention of any pr....
X X X X Extracts X X X X
X X X X Extracts X X X X
....es not contain more than 0.2 per cent of morphine and thus no offence could be said to have been made out. He submitted that "poppy husk" is not "poppy straw" and that there can be no offence for possession of "poppy husk". 9.  Mr. Rao Ranjit for Appellant Sapinder Singh supported Mr. Sharma. He further submitted that the chemical report shows that what was recovered was "chura post poppy heads". He relied upon certain passages from Modi's Text Book of Medical Jurisprudence & Toxicology wherein it is, inter alia stated as follows : "Poppy seeds (khas-khas) are innocuous and white in colour, used as a constituent in some foods or are sprinkled over some Indian sweets. It is regarded as a demulcent and a nutritive. The seeds yield ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... different from the offence under Section 18 which deals with "opium poppy" and "opium". He submitted that "poppy straw" has been defined under the NDPS Act. He submits that it includes all parts of "opium poppy". He points out that the terms "opium poppy" means the plant of the species Papaver. He submitted that the term "all parts" would also include the "husk". He submitted that the husk was not worthless. He submitted that it was not at all necessary that the "husk" form part of the "seed". He submitted that "seed" has been excluded, because in India the "seed" is used as constituent in foods and even sprinkled over some Indian sweets. He pointed out that the seed also yields a bland oil, which is largely used for culinary and lighting ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....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 per cent of morphine. For an offence under Section 15, question of considering whether the preparation contains more than 0.2 per cent of morphine does not arise. As seen above even though no juice may have been extracted, so long as it is a Papaver, it would still be "poppy straw" if it is a part of the plant Papaver. 14.  The Modi's Text Book of Medical Jurisprudence & Toxicology says that a poppy seed is used in foods, s....