Case Note & Summary
The petitioners, Chailbihari Trading Private Limited and its director, filed a writ petition challenging the seizure of poppy seeds (khas-khas) by the Central Bureau of Narcotics (CBN) under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The petitioners were engaged in the business of trading in poppy seeds, which they purchased from licensed dealers and sold to various customers. On 12th March 2019, officers of the CBN seized a consignment of poppy seeds from the petitioners' premises, alleging that the poppy seeds were 'opium poppy' and 'poppy straw' under the NDPS Act and that their possession without a license was illegal. The petitioners contended that poppy seeds are not covered under any definition under the NDPS Act and are merely food items. The court examined the definitions under Sections 2(xvi), 2(xvii), 2(xi), 2(xviiia), and 2(xviiid) of the NDPS Act and held that poppy seeds are not 'opium', 'opium derivative', 'manufactured drug', 'opium poppy', or 'poppy straw'. The court noted that poppy straw is defined as all parts of the opium poppy except the seeds, thus expressly excluding poppy seeds. The court also observed that the Central Government has not issued any notification under Section 9A of the NDPS Act prohibiting poppy seeds. The court allowed the petition, quashed the seizure, and directed the return of the seized poppy seeds to the petitioners.
Headnote
A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Definitions - Opium - Opium Derivative - Manufactured Drug - Opium Poppy - Poppy Straw - Poppy seeds (khas-khas) are not covered under any of these definitions under Sections 2(xvi), 2(xvii), 2(xi), 2(xviiia), or 2(xviiid) of the NDPS Act, 1985. The court held that poppy seeds are a food item and not a narcotic drug or psychotropic substance, and their possession, sale, or transport without license is not prohibited under the NDPS Act. (Paras 1-30) B) Narcotic Drugs and Psychotropic Substances Act, 1985 - Notification - Section 9A - Prohibition of Poppy Seeds - The Central Government has not issued any notification under Section 9A of the NDPS Act prohibiting the possession, sale, or transport of poppy seeds. Therefore, the seizure of poppy seeds by the Central Bureau of Narcotics was illegal and without authority of law. (Paras 31-40) C) Narcotic Drugs and Psychotropic Substances Act, 1985 - Poppy Straw - Definition - Section 2(xviiid) - Poppy straw is defined as all parts of the opium poppy except the seeds. Therefore, poppy seeds are expressly excluded from the definition of poppy straw and cannot be treated as poppy straw under the NDPS Act. (Paras 41-50)
Issue of Consideration
Whether poppy seeds (khas-khas) are covered under the definitions of 'opium', 'opium derivative', 'manufactured drug', 'opium poppy', or 'poppy straw' under the Narcotic Drugs and Psychotropic Substances Act, 1985, and whether their possession, sale, or transport without license is prohibited under the Act.
Final Decision
The court allowed the petition, quashed the seizure of poppy seeds, and directed the respondents to return the seized poppy seeds to the petitioners within four weeks.
Law Points
- Poppy seeds are not opium
- opium derivative
- or manufactured drug under NDPS Act
- Poppy seeds are not covered by definition of 'opium poppy' under NDPS Act
- Poppy seeds are not 'poppy straw' under NDPS Act
- Seizure of poppy seeds without valid notification under NDPS Act is illegal
- Poppy seeds are food items and not narcotic drugs
