VERY IMPORTANT POINT
Poppy seed husk would fall within the definition of the term "poppy straw" which includes all parts of the plant papaver and therefore possession etc. of poppy husks is punishable offence under Section 15 of the NDPS Act.

Headnote:Narcotics Drugs and Psychotropic Substances Act, 1985-Section 15 r/w Section 2(xviii)-Offence of possessing poppy straw-Poppy husks would fall within definition of the term poppy straw -Poppy seed husk, whether it is on the seeds or is removed from the seeds remains a part of plant Papaver-Possession etc. of poppy husks would attract Section 15.
       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 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 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. (Para 14)
       The Modi s Text Book of Medical Jurisprudence and Toxicology says that a poppy seed is used in foods, sprinkled over sweets and also yields a 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-husked. Thus the seed would be separated from the husk. The definition of husk as given in Webster s Dictionary, shows that the husk is any covering, especially when it is comparatively worth less. 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 addition 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. (Para 15)

JUDGMENT

S.N. Variava, J.-Leave granted.

2. Both these Appeals can be disposed of by this common judgment.

3. Appellants in both appeals were convicted separately by two separate trial Courts under Section 15 of the Narcotics Drugs and Psychotropic 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 judgments 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. The common question involved in both the appeals is whether poppy husks would fall within the expression "poppy straw".

4. When the SLPs were heard this Court was not inclined to entertain the SLPs. However, it was submitted, in both the SLPs, that the Appellants had been convicted under Section 15 of the NDPS Act. It was submitted that Section 15 deals with offences relating to "poppy straw", whereas what had been recovered from the 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 NDPC 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 Appellant 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 the relevant provisions of the NDPS Act may be set out:

Section 2(xv) "opium" means:

(a) the coagulated juice of the opium poppy; and

(b) any mixture, with or without any neutral material, of the coagulated juice of the opium poppy.

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 provision of this Act or any rule or order made or condition of a licence granted thereunder produces, possesses, transports, imports inter-State, exports inter-State sells, purchases, uses or omits to warehouse poppy straw or removes or does any act in respect of warehoused poppy straw, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees 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 pr

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2000 Supreme(SC) 767

VERY IMPORTANT POINTPoppy seed husk would fall within the definition of the term "poppy straw" which includes all parts of the plant papaver and therefore possession etc. of poppy husks is punishable offence under Section 15 of the NDPS Act.

VERY IMPORTANT POINT
Poppy seed husk would fall within the definition of the term "poppy straw" which includes all parts of the plant papaver and therefore possession etc. of poppy husks is punishable offence under Section 15 of the NDPS Act.