SUO MOTU Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition under sec. 482 of Cr.P.C. has been registered pursuant to order dtd. 11/6/2021, passed by this Court in SB Cr. Misc. Bail Application No.4986/2021.

(2.) While dealing with the said bail application and other like matters, it has been brought to the Court's notice that the notification No.l055(E) dtd. 19/10/2001 issued by the Central Government in exercise of the powers conferred by clauses (viia) and (xxiiia) of sec. 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act of 1985) does not specify small or commercial quantity for cultivation of Papaver somniferum commonly known as opium poppy or poppy plants.

(3.) Note No.3 given at the bottom of the notification gives out following reason for not specifying the quantity: