ORDER :

Dinesh Mehta, J.

1. The present petition under section 482 of Cr.P.C. has been registered pursuant to order dated 11.6.2021, passed by this Court in SB Cr. Misc. Bail Application No. 4986/2021.

2. While dealing with the said bail application and other like matters, it has been brought to the Court's notice that the notification No. 1055(E) dated 19th October, 2001 issued by the Central Government in exercise of the powers conferred by clauses (viia) and (xxiiia) of section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act of 1985) does not specify small or commercial quantity for cultivation of Papaver somniferum commonly known as opium poppy or poppy plants.

3. Note No. 3 given at the bottom of the notification gives out following reason for not specifying the quantity:

"3. "Small Quantity" and "Commercial Quantity" with respect to cultivation of opium poppy is not specified separately as the offence in this regard is covered under clause (c) of section 18 of the Narcotics Drugs and Psychotropic Substances Act, 1985."

4. In the opinion of this Court since the very cultivation of opium poppy without a license is prohibited under section 18 of the A