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K.T.THOMAS, S.N.VARIAVA, DORAISWAMY RAJU
Ajaib Singh – Appellant
Versus
State of Punjab – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points regarding the case Ajaib Singh vs. State of Punjab:

Definition of "Poppy Straw" - The term "poppy straw" is defined in Section 2(xviii) of the NDPS Act as all parts (except the seeds) of the opium poppy after harvesting, whether cut, crushed, or powdered, and whether juice has been extracted or not (!) . - "Opium poppy" is defined under Section 2(xvii) as the plant of the species Papaver (!) . - Therefore, all parts of the plant Papaver except the seed fall within the definition of "poppy straw" (!) (!) .

Inclusion of Poppy Husk - Although "poppy husk" is not explicitly defined in the NDPS Act, the Supreme Court held that it falls within the definition of "poppy straw" because it is a part of the plant Papaver (!) (!) . - The exclusion of "seeds" from the definition is based on their specific use in food, Indian sweets, and for yielding bland oil for culinary and lighting purposes (!) (!) . - The "husk" remains a part of the plant Papaver whether it is on the seed or removed from it; its exclusion is not specified in the Act (!) . - Commentaries by Mr. P.K. Jain note that crushed capsules of poppy (commonly called "poppy husk" or "bhuki") contain morphine and are used as intoxicants, further supporting their inclusion under "poppy straw" (!) .

Legal Implications for Offences - Possession, transporting, importing, exporting, selling, purchasing, using, or omitting to warehouse "poppy husk" constitutes an offence under Section 15 of the NDPS Act (!) (!) . - For an offence under Section 15, it is not necessary that the substance contains more than 0.2% of morphine or that juice has been extracted from it (!) (!) . - This differs from offences under Section 18 (cultivation, producing, manufacturing, etc., of opium), where the 0.2% morphine threshold may be relevant (!) .

Rejection of Appellant's Arguments - The Court rejected the argument that "poppy husk" is non-narcotic and not punishable under the NDPS Act because it does not contain more than 0.2% morphine (!) (!) . - The Court also rejected the argument that "poppy husk" is merely waste or part of the seed, noting that the seed itself is excluded for specific utilitarian reasons, not because all associated parts are worthless (!) (!) .

Procedural Note - The point regarding whether poppy husk falls under "poppy straw" was raised for the first time in the appeal; however, the Court permitted the argument as it is a substantial question of law affecting numerous cases (!) . - The appeals were dismissed, upholding the convictions of the appellants for possession of poppy husk under Section 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

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