STATE OF HIMACHAL PRADESH Vs. DALIP KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 24.4.2003, passed by the learned Sessions Judge, Solan, in Sessions Case No. 6 -S/7 of 2002, whereby he acquitted the accused of having committed the offence punishable under Section 15 of the Narcotic and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) BRIEFLY stated, the prosecution story is that on 27th April, 2002, a police party headed by PW -6 ASI Deva Nand was on patrolling duty at Dattowal. They were traveling in a jeep. At this stage, PW -6 ASI Deva Nand received secret information that the accused was engaged in the sale and purchase of poppy husk at his shop situated in village Uprala Nangal. PW -6 recorded the reasons of his belief Ext.PH and sent the same to the Deputy Superintendent of Police through PW -2 H.C. Ram Nath. Thereafter, he proceeded to the shop of the accused. Two independent witnesses, namely, PW -1 Baggu Ram and one Gurjeet Singh were associated in the raiding party. An option was given to the accused as to whether he wanted to give his personal search as well as the search of the shop to the police officials or a Magistrate or a Gazetted Officer. The accused allegedly stated that he was willing to be searched by the police officials themselves.

(3.) LEARNED counsel for the respondent -accused has drawn our attention to the definition of the term 'poppy straw ' in Section 2(xviii), which reads as under: (xviii) "Poppy straw" means all parts (except the seeds) of the opium after harvesting whether in their original form or cut, crushed or powdered and whether or not juice has been extracted therefrom. According to the decision of the Apex Court in Ajaib Singh Vs. State of Punjab, 2000 Cri. L.J. 2270, the term 'poppy husk ' falls within term 'poppy straw ' as defined in the Act. Thus, what was recovered from the possession of the appellant can be said to be poppy straw within the meaning of the definition given above. However, the mere use of the word 'poppy straw ' does not lead to the inference that it was opium poppy within the meaning of the Act. The term 'opium poppy ' as defined in Section 2(xvii) reads as under: - (xvii) " opium poppy" means -