Supreme Court of India
AJAIB SINGHversusSTATE OF PUNJAB
- Citation
- 2000 INSC 209
- Decided
- 11 April 2000
- Disposal
- Dismissed
- Bench
- K T THOMAS
Holding
Poppy husk is included within the definition of "poppy straw" and therefore possession of poppy husk constitutes an offence under Section 15 of the NDPS Act.
Summary
Ajaib Singh and Sapinder Singh were convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of poppy husk. They appealed, arguing that the statute only criminalises "poppy straw" and that poppy husk is neither defined nor contains more than 0.2% morphine. The Supreme Court examined the definition of "poppy straw" in Section 2(xviii), which includes all parts of the opium poppy plant except the seeds, and held that the husk, being a part of the Papaver plant, falls within this definition. The Court further clarified that for an offence under Section 15 the morphine content is irrelevant; the provision applies to any part of the plant classified as poppy straw. Relying on dictionary definitions and expert commentaries, the Court concluded that poppy husk is punishable under Section 15. Consequently, both appeals were dismissed.
Issues considered
- Whether "poppy husk" is covered by the definition of "poppy straw" under Section 2(xviii) of the NDPS Act.
- Whether possession of poppy husk can be prosecuted under Section 15 without a requirement that the material contain more than 0.2% morphine.
- Whether Section 15 applies only to substances that are opium or contain opium.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985s. 15, s. 18, s. 2(xv), s. 2(xvii), s. 2(xviii)
Subjects
NDPS Actpoppy strawpoppy huskmorphine contentinterpretation of statutescriminal liabilityopium poppy
Judgment
A AJAIB SINGH -
v.
STATE OF PUNJAB ---
WITH
B SAPINDER SINGH
v.
STATE OF PUNJAB
APRIL 11, 2000
c [K.T. THOMAS, DORAISWAMYRAJU AND S.N. VARIAVA, JJ.]
,.
Criminal Uiw :
Narcotics Drugs an Psyclwtropic Substances Act, 1985 : Sections 2(xv),
(xvii) & (xviii) and 15.
D
"Poppy husk"-Production, possession and transportation of-Held:
"Poppy husk" falls within the tenn "poppy straw" under S.2(xviii)-Hence,
production, possession and transportation of poppy husk in violation of any
provisions of the Act is an offence under S.15-Whether it contains more than
0.2 per cent of morphine or whether any juice has been extracted are not
E
relevant.
Worru- and Phrases: '.....
"Poppy straw"-Meaning of-In the context of S.2(xviii) of the Narcot-
ics Drugs and Psychotropic Substances Act, 1985.
F
"Husk" and "Poppy husk"-Meaning of -,..
The appellant-accused were convicted by the trial court for an of-
fence under Section 15 of the Narcotics Drugs and Psychotropic Sub-
stances Act, 1985 for possession of ''poppy husks". The High Court con-
G
firmed the conviction. Hence this appeal.
H
On behalf of the appellants it was contended that Section 15 of the
NDPS Act dealt with offences in relation to "poppy straw'' only; that the
appellants could not have been convicted unless the alleged offence fell
strictly within the provisions of the NDPS Act; that if the NDPS Act did not
-
1264
AJAIB SINGH AND ANR. v. STATE 1265
.,- provide for an offence in respect of "poppy busk" then the conviction A
--- could not be maintained; that "poppy husk" did not contain more than 0.2
per cent of morphine and that "poppy husk" was not "poppy straw'' and
that there could be no offence for possession of "poppy husk".
- Dismissing the appeal, this Court
B
HELD : 1.1. Under Section 15 of the Narcotics Drugs and Psychotropic
Substances Act, 1985 the offence is in respect of "poppy straw''. Even
though the term ''poppy busk" has not been defined in the NDPS Act, the
term "poppy straw'' bas been defined. The term ''poppy straw'' includes all
parts (except the seeds) of the "opium poppy". "Opium poppy'' means the
plant of the species Pa paver. Thus except for the seed all other parts of the
c
plant of the species Pa paver would fall in the term ''poppy straw''. Parts of
the plant Papaver would fall within the term ''poppy straw'' even though no
juice bas been extracted therefrom. For an offence under Section 15 it is not
at all necessary that "poppy straw" should have been used or made into
"opium". For cultivating, producing, manufacturing, possessing, selling, D
purchasing, transporting, importing or exporting inter-State or using opium
there is a separate offence provided for under Section 18. H the alleged
offence is under Section 18, then the question may arise whether the
preparation contained more than 0.2 per cent of morphine. For an offence
under Section 15, question of considering whether the preparation contains
E
more than 0.2 per cent of morphine does not arise. Even though no juice
may have been extracted, so long as it is a Pa paver, it would still be "poppy
.. straw'' if it were a part of the plant Papaver. [1270-D-G)
Modi: Medical Jurisprudence & Toxicology, Shorter Oxford Dictionary
and Webster's Dictionary, referred to. F
2. A poppy seed is used in foods, sprinkled over sweets and also
yields bland oil, which is used for culinary and lighting purposes. It is
because of this that a seed has been excluded from the definition of poppy
straw. Poppy seed could be used in food or Indian sweets or made into oil,
which is largely used for culinary and lighting purposes only after it is de- G
husked. The husk in any covering, especially when it is comparatively
worthless. The husk whether it is on the seed or is removed from the seed
--- remains a part of the plant Papaver. Crushed capsules of poppy are com-
monly called "poppy husk" or "bhuki" whether extracted or not and that
they contain a certain percentage of morphine and are often used as H
1266 SUPREME COURT REPORTS [2000] 2 S.C.R.
A addiction producing intoxicants. Thus it would fall within the definition of
the term "poppy straw'', which includes all parts of the plant Papaver.
While seed has been specifically excluded, husk has not been excluded
B
from the definition of the term "poppy straw''. Therefore, the producing,
possessing, transporting, importing, exporting inter-State, selling, purchas-
ing, using or omitting to warehouse poppy husk would be an offence under
Section 15 inasmuch as poppy husk would fall within the term poppy straw
-
as used in that Section. [1270-G-H; 1271-A-D]
PK. Jain: Commentaries on NDPS Act, referred to.
C CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 361
of 2000.
From the Judgment and Order dated 19.4.99 of the Punjab & Haryana
High Court in Crl.A. No. 750-SB of 1997.
D WITH
Criminal Appeal No. 362 of 2000.
From the Judgment and Order Dated 15.7.99 of the Punjab & Haryana
E High Court in Crl.A. No. 307-SB of 1998.
O.P. Sharma, R.C. Gubrele, Abhishek Atrey, Rao Ranjit, Rajiv Dutta,
Uday Kumar for the appearing parties.
The Judgment of the Court was delivered by
F
S.N. VARIAVA, J. Leave granted.
Both these Appeals can be disposed of by this common judgment.
Appellants in both appeals were convicted separately by two separate
G trial courts under Section 15 of the Narcotics Drugs and Psychotropic
Substances Act, 1985 (for short the 'NDPS Act'). Each of them was sentenced
H
to undergo rigorous imprisonment for ten years and a fine of Rupees one lakh.
In default of payment of fine Appellant ;\jaib Singh was to undergo rigorous
imp1isonment for a period of three years and Appellant Sapinder Singh was
to undergo rigorous imprisonment for a period of one year. They filed
-
AJAIB SINGH AND ANR. v. STATE [S.N. VARIAVA, J.] 1267
separate appeals and the High Court of Punjab and Haryana dismissed their A
appeals by separate judgments and those judgments are now impugned before
us. Appellant Ajaib Singh was found to be in possession of IO kilograms of
Poppy husks on 4.6.1996. Appellant Sapinder Singh was found to be in
possession of IO bags each containing 34 kilograms of poppy husks on
23.12.1993. The common question involved in both the appeals is whether
B
poppy husks would fall within the expression "poppy straw".
.- When the SLPs were heard this Court was not inclined to entertain the
SLPs. However, it was submitted, in both the SLPs, that the Appellants had
been convicted under Section 15 of the NDPS Act. It was submitted that
Section 15 deals with offences relating to "poppy straw", whereas what had c
-· been recovered from the Appellants was "poppy husk". It was submitted that
the Appellants could not have been convicted unless the offence alleged
against them fell strictly within the provisions of the NDPS Act. It was
submitted that if the NDPS Act did not provide for any offence in respect of
"poppy husk" then the convictions could not be maintained.
D
As a question of law was being raised notice was issued limited to this
question.
Parties have been heard on the limited question of law. It must be
mentioned that arguments have proceeded on an admitted footing that what
had been recovered from both the Appellants was "husk" of the opium poppy E
plant i.e. husk of the plant of the species "Papaver".
Before the arguments of the parties are considered the relevant provi-
sions of the NDPS Act may be set out :
Section 2(xv) "opium" means; F
(a) the coagulated juice of the opium poppy; and
(b) any mixture, with or without any neutral material, of the
coagulated juice of the opium poppy,
G
(c) but does not include any preparation containing not more than
0.2 per cent of morphine.
Section 2(xvii) "opium poppy" means -
(a) the plant of the species Papaver sommiferum L.; and H
1268 SUPREME COURT REPORTS [2000] 2 S.C.R.
A (b) the plant of any other species of Papaver from which opium or
any phenanthrene alkaloid can be extracted and which the Central
Government may, by notification in the Official Gazette, declare to
be opium poppy for the purposes of this Act;
Section 2(xviii) 'poppy straw' means all parts (except the seeds) of
B the opium poppy after harvesting whether in their original or cut,
crushed or powered and whether or not juice has been extracted
therefrom."
"Section 15. Punishment for contravention in relation of poppy
c straw. - Whoever, in contravention of any provision of this Act or
any rule or order made or condition of a licence granted thereunder,
produces, possesses, transports, imports inter-State, exports inter-
State, sells, purchases, uses or omits to warehouse poppy straw or
removes or does any act in respect of warehoused poppy straw, shall
be punishable with rigorous imprisonment for a term which shall not
n be less than ten years but which may extend to twenty years and
shall also be liable to fine which shall not be less than one lakh
rupees but which may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded m the
E judgment, impose a fine exceeding two lakh rupees.
Mr. O.P. Sharma for the Appellant Ajaib Singh has submitted that the
offence under Section 15 is only in respect of producing, possessing, trans-
porting, importing or exporting inter-State, selling, purchasing, using or
omitting to warehouse "poppy straw". Mr. Sharma submits that the terms
F
"poppy straw" as defined in Section 2(xviii), "opium poppy" as defined in
Section 2(xvii) and "opium" as defined in Section 2 (xv) all have a common
ingredient i.e. "opium". He submits that a conjoint reading of all the above
mentioned sub- clauses shows that an offence can only be in relation to a
substance which contains more than 0.2 per cent of morphine. He submitted
G that the "poppy husk" is non-narcotic. It submitted that it has thus not been
defined anywhere or made punishable under the NDPS Act. He submitted that
"poppy husk" does not contain more than 0.2 per cent of morphine and thus
no offence could be said to have been made out. He submitted that "poppy
husk" is not "poppy straw" and that there yan be no offence for possession
H of "poppy husk".
AJAIB SINGH AND ANR. v. STATE [S.N. VARIAVA, J.] 1269
Mr. Rao Ranjit for Appellant Sapinder Singh supported Mr. Shanna. He A
further submitted that the chemical report shows that what was recovered was
"chura post poppy heads". He relied upon certain passages from Modi's Text
Book of Medical Jurisprudence & Toxicology wherein it is, inter alia stated
as follows :
"Poppy seeds (khas-khas) are innocuous and white in colour, B
used as a constituent in some foods or are sprinkled over some
Indian sweets. It is regarded as a demulcent and a nutritive. The
seeds yield a bland oil, known as poppy seed oil (khas khas ka tel),
which is largely used for culinary and lighting purposes"
...- He also showed to Court the definition of the term poppy, in the Shorter
c
Oxford Dictionary and Webster's Dictionary. He also showed to Court the
defmition of the term husk in Webster's Dictionary. He submitted that the
NDPS Act was dealing with substances which affect the cerebral functions
and/or the peripheral nervous system and/or the functions of the body. He
submitted that it is clear that the "poppy husk" would not have any somniferous D
poisons which affect on the Central Nervous System of the body. He
submitted that "poppy husk" was merely the waste on the top covering of the
seed. He submitted that the "poppy husk" was part and parcel of the seed.
He submitted that if it was removed from the seed it becomes waste which,
·by itself, was worthless. He submitted that Section 2(xviii) specifically
E
provides .that "seed" is not "poppy straw". He submitted that "poppy husk"
being part and parcel of "seed" would not fall within the defmition of the term
poppy straw.
On the other hand Shri Rajiv Dutta, learned counsel for the respondent
- State, has submitted that the provisions of the NDPS Act are very clear. He F
submitted that under Section 15 an offence is committed if an.ybody produces,
possesses, transports, imports inter-State, exports inter-State, sells, purchases,
uses or omits to warehouse "poppy straw". He submitted that the offence
under Section 15 is different from the offence under Section 18 whiqh 4eals
with "opium poppy" and "opium". He submitted that "poppy straw" has been
defmed under the NDPS Act. He submits that it includes all parts of "opium
G
poppy". He points out that the terms "opium poppy" means the plant of the
species Papaver. He submitted that the term "all parts" would also include the
"husk". He submitted that the husk was not worthless. He submitted that it
was not at all necessary that the "husk" form part of the "seed". He submitted
that "seed" has been excluded, because in India the "seed" is used as H
1270 SUPREME COURT REPORTS (2000] 2 S.C.R.
A constituent in foods and even sprinkled over some Indian sweets. He pointed
out that the seed also yields a bland oil, which is largely used for culinary
and lighting purposes. He submitted that for an offence under Section 15 it
was not at all necessary that there must be more than 0.2 per cent of morphine
in the item which has been seized.
B Mr. Dutta also submitted that this point is being raised for the first time
in the Appeals and that it had not been taken up before the lower courts. He
submitted that such a point should not be allowed to be raised for the first
time in the Appeal.
It is undoubtedly true that this point is being taken up for the first time
c in the Appeal. However, it is a point of law which would have a bearing on
a large number of cases. We, therefore, permit the Appellants to raise this
point. It is a point of law which requires to be decided.
We are unable to accept the arguments of Mr. Shanna and Mr. Rao.
D Under Section 15 the offence is in respect of "poppy straw". Even though the
term "poppy husk" has not been defmed in NDPS Act, the term "poppy
straw" has been defmed. The term "poppy straw" includes all parts (except
the seeds) of the "opium poppy". "Opium poppy" means the plant of the
species Papaver. Thus except for the seed all other parts of the plant of the
species Papaver would fall in the term "poppy straw". To be noted that parts
E of the plant Papaver would fall within the term "poppy straw" even though
no juice has been extracted therefrom. For an offence under Section 15 it is
not at all necessary that "poppy straw" should have been used or made into
"opium". For cultivation, producing, manufacturing, possessing, selling, pur-
chasing, transporting, importing or exporting inter-State or using opium there
F is a separate offence provided for under Section 18. If the alleged offence is
under Section 18, then the question may arise whether the preparation
contained more than 0.2 per cent of morphine. For an offence under Section
15, question of considering whether the preparation contains more than 0.2
per cent of morphine does not arise. As seen above even though no juice may
have been extracted, so long as it is a Papaver, it would still be "poppy straw"
G if it is a part of the plant Papaver.
The Modi's Text Book of Medical Jurisprudence & Toxicology says
that a poppy seed is used in foods, sprinkled over sweets and also yields a
bland oil, which is used for culinary and lighting purposes. It is because of
H this that a seed has been excluded from the defmition of poppy straw. Poppy
AJAIB SINGH AND ANR. v. STATE [S.N. VARIAVA, J.] 1271
seed could be used in food or Indian sweets or made into oil, which is largely A
used for culinary and lighting purposes only after it is de-husked. Thus the
seed would be separated from the husk. The definition of husk as given in
Webster's Dictionary, shows that the husk is any covering, especially when
it is comparatively worthless. The husk whether it is on the seed or is removed
from the seed remains a part of the plant Papaver. In the commentaries on
B
NDPS Act by Mr. P.K. Jain it is set out that crushed capsules of poppy of
commonly called "poppy husk" or "bhuki" whether extracted or not and that
they contain a certain percentage of morphine and are often used as addiction
producing intoxicants. Thus it would fall within the definition of the term
"poppy straw'', which includes all parts of the plant Papaver. While seed has
been specifically excluded husk has not been excluded, from the definition c
of the term "poppy straw". Therefore, in our view the producing, possessing,
transporting, importing, exporting inter- State, selling, purchasing, using or
omitting to warehouse poppy husk would be an offence under Section 15
inasmuch as poppy husk would fall within the term poppy straw as used in
that Section.
D
In this view of the matter the Appeals would stand dismissed.
v.s.s. Appeals dismissed.
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