| Citation(s) |
|---|
| 2005 SLG 1871 2005 SLD 1871 2005 PLD 440 |
Lahore High Court
decided on 20th May, 2005. dates of hearing: 27th April, 2nd, 3rd and 9th May, 2005
ASIF SAEED KHAN KHOSA, ALI NAWAZ CHOWHAN AND SARDAR MUHAMMAD ASLAM, JJ
Per Sardar Muhammad Aslam, J., agreeing with Asif Saeed Khan Khosa, J. Gauhar Razzaq Awan for Petitioner (in Criminal Miscellaneous No. 1673-B of 2004). Ms. Nighat Saeed Mughal for Petitioner (in Criminal Miscellaneous No. 697-B of 2005). Bashir Ahmad Qur
decided on 20th May, 2005. dates of hearing: 27th April, 2nd, 3rd and 9th May, 2005
ASIF SAEED KHAN KHOSA, ALI NAWAZ CHOWHAN AND SARDAR MUHAMMAD ASLAM, JJ
Per Sardar Muhammad Aslam, J., agreeing with Asif Saeed Khan Khosa, J. Gauhar Razzaq Awan for Petitioner (in Criminal Miscellaneous No. 1673-B of 2004). Ms. Nighat Saeed Mughal for Petitioner (in Criminal Miscellaneous No. 697-B of 2005). Bashir Ahmad Qur
KHAIRULREHMAN and others
VS
THE STATE and others
Law:
Section:
(a) Control of Narcotic Substances Act (XXV of 1997)-------S. 2(t)---Poast---What exactly is' called Poast.In the local parlance Poast is the name given to that part of a poppy plant which has the shape of a basket, sack or pouch and it contains the seeds of such plant. This natural pouch or bulb made of the skin of the plant is meant by the nature to hold and protect the seeds of the plant contained therein. In some. parts of the country this natural pouch of the poppy plant is also known as Doda. The Control of Narcotic Substances Act, 1997 calls this part of a poppy plant as `capsule' of poppy and this finds a specific mention in section 2(t)(ii) of the said Act. If an unripe capsule of a poppy plant is given an incision then a fluid oozes out of the same containing meconic acid and a number of alkaloids including narcotine and morphine which fluid thickens within a short time and becomes brown in colour and such substance is pure opium. Even ripe and dry capsules of poppy contain morphine and other alkaloids, i.e. opium, although less in quantity, which can be used for sedative and narcotic action. Alkaloids can be extracted even from a mature and dry plant of poppy or poppy straw whether it is in its natural shape or is in a crushed form. However, the seeds contained in a capsule of poppy are free from morphine. After its mowing every part of a poppy plant, including its capsule/Poast/Doda but excluding the seeds, is generally called poppy straw and , thus, every Poast/Doda is a part of a poppy straw but all poppy straw may not necessarily be Poast/Doda because poppy straw can be any other part of the mowed poppy plant as well, excluding the seeds. (b) Control of Narcotic Substances Act (XXV of 1997)-- ----S. 2(s))(t)(w)(v), 4, 5, 6, 7, 8 & 9---Poast or Doda, being apart of a poppy plant, falls within the definition of "opium" and, therefore, the same has to be treated and accepted as "narcotic drug" for the purpose of S.2(s), Control of Narcotic Substances Act, 1997---"Poast" or "Doda", both in its natural and crushed forms, is a narcotic substance within the purview of the Control of Narcotic Substances Act, 1997---Exceptions--Principles. Under…
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