HEER SINGH Vs. STATE

JUDGEMENT

(1.) Upon perusal of the record, this Court finds that 1175 units of Papaver Somniferum L. plants commonly known as Opium plants were found cultivated/grown in petitioner's field.

(2.) Mr. Gaurav Singh, learned Public Prosecutor informs that those 1175 plants of Opium when weighted, were 11.75 kgs in all.

(3.) Mr. Choudhary, learned counsel appearing for the petitioner submits that the quantity in question (11.75 kgs) is below commercial, whereas Mr. Singh, learned Public Prosecutor submits that it is not the weight of the plants or the number of plants, which should be reckoned for the purpose of deciding as to whether the quantity of Opium plants grown is commercial or below commercial. He submits that it is the capacity to produce the ultimate product, viz., opium milk/ opium, which should be taken into consideration, while determining the question as to whether the number of poppy plants found are below commercial or commercial, so as to meet out the requirement of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act of 1985').