The Lahore High Court (LHC) has observed that 'Poast or Doda', both in its natural and crushed forms, is a narcotic substance with the purview of the Control of Narcotic Substances Act (CNSA) 1997. The court also observed that the crop of poppy plant other than opium poppy plants can be used for medical, scientific or industrial purposes under a valid license to be issued by the competent authority. The court, however, observed that the definition of opium and opium straw as given by the CNSA 1997 through omission of the essential words "from which narcotic substances can be extracted" which was part of the classical definition, has always to be read as a part of the definition in the CNSA 1997.

Because, the alternate definition, which has been given through the aforesaid commission tends to create an unreasonable classification violative of the principle of equality before law, is harsh, unreasonable, arbitrary and thus of enforceable.

The court further observed that change in the definition through deletion of words was the mistake attributed to the draftsman, who also coined definitions of opium, opium poppy, opium straw without showing any reason for the new definition and thus erroneously a departure taken from the definitions tested and proved since 1878.

That the draftsman was neither a botanist nor a pharmacist to speak anything on the subject. A perusal of earlier definition of poppy straw as given in the opium act of 1878 shows the following additional words: "from which narcotic can be extracted".

Whereas, in the definition of opium as given in section 2(t)(1) of the poppy straw, these words: "from which narcotic can be extracted", have been excluded. It is perhaps for this reason that a separate definition of poppy straw and opium poppy had to be given.

The court held that 'Poast or Doda' by itself cannot be termed as a 'mixture' or 'liquid' preparation for the purpose of section 2(t)(iii) or section 3 and, therefore, in a case of recovery of 'Poast or Doda' no ascertainment by a chemical examiner is required regarding quantity of morphine, etc available in such 'Poast or Doda'.

The court observed that every crop of poppy is not prohibited as far as its cultivation is concerned. The cultivation of that poppy plant is prohibited which can be termed as 'opium poppy'.

The court further observed that apart from cannabis plant and coca bush it is only opium poppy, which is a narcotic plant and any other kind of poppy plant is not a narcotic plant.

The court, while referring the matter regarding harsh or oppressive nature of the sentences to the office for their disposal by some appropriate benches in accordance with the law, held that vires or propriety of a law couldn't be assailed through collateral proceedings.

Copyright Business Recorder, 2005