Papaver Somniferum L.

Posted on by Rudrajyoti Nath Ray

As such, ‘poppy straw’ would mean all parts of ‘opium poppy’ except seeds; ‘opium poppy’ has been defined under Section 2(xvii)(a) of The Narcotic Drugs and Psychotropic Substances Act, 1985 to mean, “the plant of the species Papaver somniferum L.”. Section 15 of 1985 Act provides for punishment for contravention in relation to ‘poppy straw’.

While interpreting, Court has to prefer interpretations which advance purpose of statutes [Hira Singh v. Union of India, (2020) 20 SCC 272].

If seized material contains ‘meconic acid’ and ‘morphine’, it will be sufficient to establish it is derived from ‘Papaver somniferum L.’.  

– Hon’ble Justice B.R. Gavai, State of Himachal Pradesh v. Nirmal Kaur, [Criminal Appeal No. 956 of 2012].

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