Per Deepak Gupta, J

1. An interesting question which arises in this appeal is- “What is “opium poppy”, “opium derivative”, “poppy straw” and “opium” within the meaning of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘Act’).”

2. To understand the issues raised before us and the rival contentions of the parities, it would be pertinent to refer to the definition of the opium, opium derivative, opium poppy, poppy straw and poppy straw concentrate in Sections 2(xv), 2(xvi), 2(xvii), 2(xviii) and 2(xix) of the Act, which reads as follows:-

“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’ but does not include any preparation containing not more than 0.2 per cent of morphine:

2(xvi) “opium derivative” means-

(a) medicinal opium, that is, opium which has undergone the process necessary to adapt it for medicinal use in accordance with the requirements of the Indian Pharmacopoeia or any other pharmacopoeia notified in this behalf by the Central Government, whether in powder form or granulated or otherwise or mixed with neutral m