2023 SCMR 1791
Poppy seeds --- There is nothing in evidence as to what actually was recovered from the possession of the petitioner / accused : was it only the doda / basket / pouch or it was the whole plant with stems and flowers - In common parlance , often stems and leaves of the poppy plants are used as animal food - Poppy straw is derived from the plant Papaver somniferum , which has medicinal impact as well , and is largely used as a tonic for wellness of nervous system --- Purpose of its cultivation is actually the production of poppy seeds , and the latter is used as a food stuff and as a raw material for manufacturing poppy - seed oil , which is 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 --- It has also not been brought on record as to whether from the ten kilograms of the recovered poppy plant , how much quantity was sack / pouch / doda as it is only the sack / pouch / doda which contains narcotic substance --- Therefore , in absence of such report , it is difficult to determine as to whether the case against the petitioner falls within the purview of section 9 ( a ) . 9 ( b ) or 9 ( c ) of the Control of Narcotic Substances Act , 1997 --- Peculiar facts and circumstances of the present case are sufficient to cast a shadow of doubt on the prosecution case , which entitles the petitioner to the right of benefit of the doubt --- Prosecution had failed to prove its case beyond any reasonable shadow of doubt --- Petition for leave to appeal was converted into appeal and allowed and petitioner was acquitted of the charge .
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