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

punjab-haryana
⚖️ Order Date: 15 May 2026
Headnotes
Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.8, 18(b), 18(c), 2(xvii), 2(xviii), 2(viia), 2(xxiiia) - Opium poppy cultivation and possession of poppy plants — Court clarifies that contraventions involving cultivation/possession of opium poppy plants are punishable u/s 18(c) and “small” or “commercial” quantity classifications are not separately specified for cultivation in view of Notification — Trial court’s treatment of poppy plants as “commercial quantity” opium u/s 18(b) is contrary to statutory scheme. (Paras 15 to 18] Constitution of

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Facts of the Case
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

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