2022 SCMR 1375
Ss. 2(t)(iii) & 9(c)--- Possession and transportation of 1650 kilograms of poppy straw---Reappraisal of evidence---Sentence, reduction in---Report of the Chemical Examiner failing to reveal percentage of morphine in the mixture and also as to what quantity of recovered whole poppy plants was sack/pouch/doda---In the FIR as well as in the recovery memo it had been mentioned that poast /poppy straw was recovered in plastic gunny bags but there is no mention that recovered items were got grinded or mixed and then sent to the Chemical Examiner---On the other hand, contents of the report of Chemical Examiner indicate that samples sent to it were in grinded form i.e. grinded material of black and yellow coloured straws, seeds and stalks, which means that whole poppy plant would have been recovered from the accused---Perusal of section 2(t)(iii) of the Control of Narcotic Substances Act, 1997, showed that 'poast ' in the mixture form would only be considered a narcotics substance within the meaning of the Act if the same contained 0.2 percent of morphine---However, the report of the Chemical Examiner reveals no such percentage - Report of the Chemical Examiner, left no doubt that the recovered poast from the possession of the accused was in grinded/mixed shape, therefore, the report of the Chemical Examiner ought to have mentioned the percentage of morphine in the whole mixture---Record also did not show as to whether from the 1650 kilograms of poast , which was in the shape of whole poppy plants, how much quantity was the sack/pouch/doda as it is only the sack/pouch/doda which contained narcotic substance---Therefore, in absence of such report, it was difficult to determine as to whether the case against the accused fell within the purview of section 9(a), 9(b) or 9(c) of the Act---In circumstances, conviction of accused was maintained, however his sentence of imprisonment for life was reduced to that already undergone---Appeal was partly allowed.
Ss. 2(t) & 9---Poppy plant, characteristics of---Poast ---Poppy seeds---Only sack/pouch/basket of the whole poppy plant, is called poast and the same is the only part of the poppy plant excluding its seeds, which contains morphine---In common parlance, it has been seen that often that stems and leaves of the poppy plants are used as animal food---Poppy straw is derived from the plant 'Papaver somniferum', which has been cultivated in many countries of Europe and Asia for centuries; this has medicinal impact as well, which is largely used as a tonic for wellness of nervous system---Purpose of its cultivation was actually the production of poppy seeds, which are used as a food stuff and as a raw material for manufacturing poppy-seed oil, used for making various varnishes, paints and soaps etc.---Therefore, every cultivation of poppy straw unless it is proved that it is made for the sole purpose of extracting narcotics after a proper method cannot be considered a criminal act.
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