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 Act of 1985, the view of the Central Government that cultivation of opium poppy irrespective of its quantity is covered by section 18(c) of the Act of 1985, apparently runs contrary to statutory position.

5. In the face of above stipulation in the notification, each case of cultivation of poppy plants irrespective of number (1 plant or 1 lac plants) is being considered punishable under the provisions of section 18(c) of the Act of 1985 and offenders are being released on bail without ensuring observance of the provisions contained in section 37(1)(b) of the Act of 1985.

6. The reason for forming the above opinion is based on comparative reading of sections 16, 18 and 20 of the Act of 1985, which provisions deal with the offence and punishment with respect to cultivation of coca Plant, coca leaves, opium plant or poppy plant and cannabis plant respectively.

7. It will not be out of place to reproduce provisions contained in sections 16, 18 and 20 of the Act of 1985 so as to have a comprehensive look and better understanding of the scheme of the Act of 1985:

"16. Punishment for contravention in relation to coca plant and coca leaves.-Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, cultivates any coca plant or gathers any portion of a coca plant or produces, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses coca leaves shall be punishable with rigorous imprisonment for a term which may extend to ten years or with fine which may extend to one lakh rupees.]

18. Punishment for contravention in relation to opium poppy and opium. -Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, cultivates the opium poppy or produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter State or uses opium shall be punishable,

(a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to [one year], or with fine which may extend to ten thousand rupees, or with both;

(b) where the contravention involves commercial quantity, 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 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;

(c) in any other case, with rigorous imprisonment which may extend to ten years and with fine which may extend to one lakh rupees.]

20. Punishment for contravention in relation to cannabis plant and cannabis.-Whoever, in contravention of any provisions of t