P&H: NDPS - Cultivation Of Opium Poppy Falls Under Section 18(c) NDPS, Not S.18(b); Suspends 20-Year Sentence, Remands For Limited Sentencing
High Court has ruled that offences involving cultivation or possession of opium poppy plants are punishable under Section 18(c) of the NDPS Act, and not under Section 18(b) that deals with “commercial quantity.” Finding a patent illegality in the trial court’s approach, Division Bench suspended the appellant’s 20‑year sentence and remanded the case for a limited rehearing on the applicable penal provision and sentencing.
The case arose on seizure of opium poppy plants from a plot. The trial court treated the plants as “opium,” categorized the case as involving commercial quantity, convicted the accused under Section 18(b) NDPS Act, and...
