Law Does Not Prescribe Small Or Commerical Quantity For Opium Poppy Cultivation: Madhya Pradesh HC Allows Bail For Accused In NDPS Case

The Madhya Pradesh High Court recently granted bail to an accused in a case involving the cultivation of opium poppy under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Justice Vishal Dhagat held that due to the lack of specified quantity, either small or commercial for opium poppy within the legislation, Section 37 of the NDPS Act will not be attracted in this case. It was held that based on the absence of a specified quantity for opium poppy cultivation in the NDPS Act, the accused could be granted bail.

"Opium plants which are seized by police will fall within the definition of Opium poppy as per Section 2(xvii)(a) of the NDPS Act. However, since small and commercial quantities are not prescribed for Opium poppy and its cultivation is covered under Section 18(c), Section 37 of the NDPS Act will not be attracted in this case."

Section 37 of the NDPS Act imposes stringent conditions for granting bail in cases involving commercial quantities of narcotics. It was argued that this section would apply to the cultivation of opium poppy, given that the Act does not specify small or commercial quantities for this substance.

However, Justice Dhagat stated that the NDPS Act does not prescribe any specific quantity for opium poppy cultivation and thus Section 37's restrictions on bail cannot be applied here.

The Court went into analysing Section 18 of the NDPS Act which provides for varied penalties depending on the quantity of contraband involved. However, it was observed that there was an absence of any defined quantity for opium poppy under the provision. The court stated that:

"Since small and commercial quantities are not prescribed for Opium poppy, the bar under Section 37 of the NDPS Act will not be applicable,".

The applicant, Vishram, had been in custody since March 18, 2023, under Section 8/18 of the NDPS Act. The prosecution argued that a large quantity of opium poppy was seized from Vishram's fields, and his previous bail applications had been denied based on the merits of the case.

Vishram's counsel relied on a previous order dated November 18, 2022, in MCrC No. 29915/2022 (Chhogalal vs. State of M.P.), contending that since the NDPS Act does not specify quantities for opium poppy cultivation, the stringent provisions of Section 37 should not apply. This formed the basis of the argument for his release on bail.

The Court thus directed the release of the petitioner on bail upon furnishing a personal bond. The Court imposed standard conditions under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, including regular attendance in court, non-commitment of similar offences, and non-interference with the investigation or evidence.

Case title: Vishram vs. State of Madhya Pradesh

Citation: 2024 LiveLaw (MP) 190

Case No: MCRC-27835-2024

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