TARSEM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The question in this case is as to whether what is contended to have been recovered from the petitioner, i.e. poppy plants, falls within the definition of opium poppy as defined in Section 2(xvii) of the NDPS Act, 1985, or falls within the definition of poppy straw as defined in Section 2(xviii) of the Act.

(2.) Admittedly, what has been described as poppy plants in the FIR, was recovered from the possession of the petitioner while he was on a motorcycle, even as per the case of the prosecution.

(3.) Section 2 (xvii) and (xviii) are reproduced hereinunder:-