2000 (4) TMI 208 - SC - Indian Laws

Whether poppy husks would fall within the expression poppy straw ? Held that - The definition of husk as given in Webster s Dictionary, shows that the husk is any covering, especially when it is comparatively worthless. The husk whether it is on the seed or is removed from the seed remains a part of the plant Papaver. In the commentaries on NDPS Act by Mr. P.K. Jain it is set out that crushed capsules of poppy of commonly called poppy husk or bhuki whether extracted or not and that they contain a certain percentage of morphine and are often used as addiction producing intoxicants. Thus it would fall within the definition of the term poppy straw , which includes all parts of the plant Papaver. While seed has been specifically excluded husk has not been excluded, from the definition of the term poppy straw . Therefore, in our view the producing, possessing, transporting, importing, exporting inter-State, selling, purchasing, using or omitting to warehouse poppy husk would be an offence under Section 15 inasmuch as poppy husk would fall within the term poppy straw as used in that Section. Appeal dismissed.

Summary

Issues:
- Conviction under Section 15 of the NDPS Act for possession of poppy husks
- Interpretation of the term "poppy straw" under the NDPS Act

Analysis:
1. Conviction under Section 15 of the NDPS Act for possession of poppy husks:
- The appellants were separately convicted under Section 15 of the NDPS Act for possession of poppy husks and sentenced to rigorous imprisonment and fines.
- The key question was whether poppy husks would fall within the expression "poppy straw" as per the NDPS Act.
- Arguments were raised that the convictions could not be maintained if the NDPS Act did not specifically cover offenses related to poppy husks.

2. Interpretation of the term "poppy straw" under the NDPS Act:
- The NDPS Act defines "poppy straw" as all parts of the opium poppy plant after harvesting, excluding seeds.
- The defense argued that poppy husks were non-narcotic, not explicitly defined or punishable under the NDPS Act, and did not contain more than 0.2% morphine.
- The prosecution contended that the term "poppy straw" encompasses all parts of the opium poppy plant, including husks, and there was no requirement for a specific morphine content for offenses under Section 15.
- The court permitted the appellants to raise the legal point for the first time on appeal due to its wider implications.
- The court held that poppy husks, being part of the opium poppy plant, would fall within the definition of "poppy straw" under the NDPS Act, making possession of poppy husks an offense under Section 15.

3. Judgment:
- The court dismissed the appeals, upholding the convictions under Section 15 of the NDPS Act for possession of poppy husks.
- The court clarified that even if no juice was extracted, any part of the opium poppy plant, including husks, would constitute "poppy straw" under the Act.
- References to medical jurisprudence and dictionaries supported the inclusion of husks in the definition of poppy straw, emphasizing the broad interpretation of the term.
- The court's decision highlighted that poppy husks, as part of the opium poppy plant, could not be excluded from the definition of poppy straw, making their possession punishable under the NDPS Act.