BARKHURDAR vs State Ss — 2023 SCMR 1791 SUPREME-COURT

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BARKHURDAR VS State Ss. 2(t) & 9(c)---Possession and transportation of 10 kilograms of poppy plants---Reappraisal of evidence---Poppy plant, characteristics of---Poppy seeds---There is nothing in evidence as to what actually was recovered from the possession of the petitioner/accused; was it only the doda/basket/pouch or it was the whole plant with stems and flowers---In common parlance, often stems and leaves of the poppy plants are used as animal food---Poppy straw is derived from the plant Papaver somniferum, which has medicinal impact as well, and is largely used as a tonic for wellness of nervous system---Purpose of its cultivation is actually the production of poppy seeds, and the latter is used as a food stuff and as a raw material for manufacturing poppy-seed oil, which is used for making various varnishes, paints and soaps etc.---Therefore, every cultivation of poppy straw unless it is proved that it is made for the sole purpose of extracting narcotics after a proper method cannot be considered a criminal act---It has also not been brought on record as to whether from the ten kilograms of the recovered poppy plant, how much quantity was sack/pouch/doda as it is only the sack/pouch/doda which contains narcotic substance---Therefore, in absence of such report, it is difficult to determine as to whether the case against the petitioner falls within the purview of section 9(a), 9(b) or 9(c) of the Control of Narcotic Substances Act, 1997---Peculiar facts and circumstances of the present case are sufficient to cast a shadow of doubt on the prosecution case, which entitles the petitioner to the right of benefit of the doubt---Prosecution had failed to prove its case beyond any reasonable shadow of doubt---Petition for leave to appeal was converted into appeal and allowed and petitioner was acquitted of the charge.

BARKHURDAR vs State Ss — 2023 SCMR 1791 SUPREME-COURT

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