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1 - 10 of 10 (0.23 seconds)Section 15 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 467 in The Indian Penal Code, 1860 [Entire Act]
Section 468 in The Indian Penal Code, 1860 [Entire Act]
Section 471 in The Indian Penal Code, 1860 [Entire Act]
Section 29 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 120B in The Indian Penal Code, 1860 [Entire Act]
The Narcotic Drugs And Psychotropic Substances Act, 1985
Section 420 in The Indian Penal Code, 1860 [Entire Act]
Ajaib Singh And Another vs State Of Punjab on 23 November, 2010
9. In the case in hand, there are allegations that recovery of huge
quantity of poppy husk weighing 2140 kgs was effected from the vehicle
after it emerged from the factory premises of the accused persons, besides
recovery of 70950 kgs of poppy seeds from the factory premises of the
accused persons. After going through the definition of "poppy straw" as
defined in Section 2 (xviii) of the NDPS Act and in view of the
observations made by the Apex Court in the case of Ajaib Singh and
another vs. State of Punjab (supra), it is clear that poppy seed has been
excluded from the definition of "poppy straw" as the same is used in food
and Indian sweets or made into oil, which is largely used for culinary and
lighting purposes after it is dehusked. Under these circumstances, the
impugned order passed by the trial court in dismissing the application of the
petitioner for releasing the poppy seeds on superdari cannot be held good in
the eyes of law and the same is liable to be set aside. Therefore, the
impugned order dated 27.05.2019 passed by the trial court is hereby set
aside and the poppy seeds recovered in the present case are ordered to be
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CRR-3228-2019 -5-
released to the petitioner herein on superdari on his furnishing the adequate
superdiginama with appropriate surety to the satisfaction of the trial
Court/Duty Magistrate concerned.
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