STATE OF H P Vs. DES RAJ

JUDGEMENT

(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:-

(3.) First of all, we will come to the definition of Opium Poppy which is the base material from which poppy straw, poppy straw concentrate, opium and opium derivative can be prepared. Section 2(xviii) has been the subject matter of a decision of a Division Bench of this Court in Rajiv Kumar alias Guglu vs. State of H.P., 2008 1 ShimLC 168. In this case the accused was charged with having committed an offence punishable under Section 15 of the Act, which relates to Poppy straw. The Division Bench held as follows:-