ZULFIQAR alias ZULFA vs State Ss — 2021 SCMR 531 SUPREME-COURT

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ZULFIQAR alias ZULFA VS State Ss. 2(t) & 9(c)---Possession of 15 kilograms of poast/opium---Reappraisal of evidence--- Sentence, reduction in--- Mitigating circumstances---Opium as a narcotic---Definition and nature---As per definition of opium in S. 2(t) of the Control of Narcotic Substances Act, 1997 ('the 1997 Act') after mowing, all parts of the poppy plant except seeds were considered to be poppy straw---Only the basket, sack or pouch also known as 'Doda', excluding the seeds, contained narcotic substance---All poppy straw may not necessarily be `poast/doda because poppy straw could be any other part of the mowed poppy plant as well, excluding the seeds---Poppy straw was derived from the plant 'papaver somniferum', which had been cultivated in many countries for centuries; it had medicinal impact as well, which was largely used as a tonic for wellness of nervous system---Purpose of its cultivation was actually the production of poppy seeds, which were used as a food stuff and as a raw material for manufacturing poppy-seed oil, which was used for making various varnishes, paints and soaps etc.---Question was as to what actually was recovered from the accused in the present case; was it only the doda/basket/pouch or was it the whole plant with stems and flowers---Nothing in evidence was available on record in regard to such aspect, which absence was to be considered as a mitigating circumstance (in relation to sentence of accused)---Accused was behind bars for the last more than 13 years and his remaining sentence was less than two years---Conviction of accused under S. 9(c) of the 1997 Act was maintained, however his sentence was reduced from imprisonment for life into what he had already undergone---Jail petition was converted into appeal and partly allowed accordingly.

ZULFIQAR alias ZULFA vs State Ss — 2021 SCMR 531 SUPREME-COURT

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