The definition of "poppy straw" in Section 2(xviii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 is broad enough to include post-chura, but bail can be granted to an accused person under Section 37 of the Act if the conditions laid down in that section are fulfilled.

1. - Heard learned counsel for the parties.

2. The case of the prosecution is that three and half kilo-grams of Post-Chura was recovered from the possession of the petitioner on 29-12-1992. Learned Sessions Judge, Sri Ganganagar rejected the application for bail filed by the petitioner vide order dated 13-1-1993. Hence, the petitioner has come to this Court. It is submitted that trial of the case may take some time and, therefore, the petitioner may be enlarged on bail. It is also submitted that the petitioner has been falsly implicated.

3. Learned P.P. opposes the application for bail and he submits that-Post-Chura recovered from the petitioner falls within the definition of 'poppy straw' as defined in Section 2 (xviii) of the Narcotic Drugs and Psycho-tropic Substances Act. 1985, for which minimum punishment of 10 years has been prescribed by Section 15 of the aforesaid Act. He, therefore, submits that the petitioner should not be enlarged on bail. As against this, learned counsel for the petitioner submits that the Poppy chura recovered from the petitioner would fall within the definition of "Lanced Poppy Heads" as defined in rule 2(rule) of the Rajasthan Narcotic Drugs and Psychotropic Substances Rules, 1985 and hence Section 15 would not be attracted.

4. I have considered the rival contentions.

5. Section 2 (xvii) of the above Act defines "Opium poppy" as follows:

"(xvii) "Opium poppy" means

(a) the plant of the species Papaver somniferum L.;

(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."
It then defines "Poppy straw" as follows:

"(xviii) Poppy straw" means all parts (except the seeds) of the opium poppy after harvesting whether in their original form or cut, crushed or powdered and whether or not juice has been extracted therefrom."
Definition of "Lanced Poppy Heads" given in the Raj. Narcotic Drugs and Psychotropic Substances Rules, 1985 reads as follows:

"2(rule) "Lanced Poppy Heads" means the capsules of the Poppy plant whatever in the original form, cut, crushed or powdered from which the juice has been extracted."

"2(r) "Lanced Poppy Heads" means the capsules of the Poppy plant whatever in the original form, cut, crushed or powdered from which the juice has been extracted."

6. In my opinion, the definition given in the aforesaid Rules cannot override the definition given in the main provisions contained in the Act. The definition of "Poppy straw" is quite extensive and, therefore, in my opinion Poppy Hask would fall within Poppy straw as defined in Section 2 (xviii) of the aforesaid Act. However, the question is whether the petitioner ought to be enlarged on bail. Learned counsel for the petitioner has brought to my notice an order of the learned single Judge passed in S.B. Civil Misc. Bail Pet. No. 1184/92-Dara Singh v. State of Raj. decided on 3.7.1992 , where the accused was apprehended with 10 kgs. of 'opium churl' in his possession. On this, basis, it is urged that the petitioner ought to be enlarged on bail. As against this learned P.P. submits that bail can be granted only when conditions laid down under section 37 of the aforesaid Act are fulfilled. In this connection he relied upon Narcotic Control Bureau v. Kishan Lal and Ors., AIR 1991 SC 558 . In this Judgment the Apex Court has held:

"The powers of the High Court to grant bail under Section 439, Criminal Procedure Code are subject to the limitation contained in the amended Section 37 of the NDPS Act and the restrictions placed on the powers of the Court under the said Section are applicable to the High Court also in the matter of granting bail "
In this view of the matter, this Court shall have to examine whether conditions laid down ups 37 of the Act have been fulfilled. Two conditions have been laid down in this section : the first conditions is that the public