A person possesses 290 grams of poppy seeds alone. No poppy straw, opium or cultivation is alleged.…
Section 2(xviii) excludes seeds from the definition of poppy straw, so the weight of these seeds cannot establish a section 15 offence. The facts also establish neither an…
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A person possesses 290 grams of poppy seeds alone. No poppy straw, opium or cultivation is alleged. What follows under the Narcotic Drugs and Psychotropic Substances Act, 1985?
Answer and explanation
Correct answer B
Section 2(xviii) excludes seeds from the definition of poppy straw, so the weight of these seeds cannot establish a section 15 offence.
The facts also establish neither an opium-poppy cultivation contravention nor opium possession for section 18.
Option feedback
Option A
Section 15 punishes contraventions relating to poppy straw, and the definition expressly excludes seeds.
Option B
Seeds alone are outside the poppy straw definition and do not establish possession of opium or illicit cultivation.
Option C
Section 18(a) concerns a small-quantity contravention involving opium poppy or opium. The alleged possession is of seeds only.
Option D
Section 18(c) also requires an opium-poppy or opium contravention. The facts do not establish one.
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Rajasthan Higher Judicial Service