10.We may only note that this Petition does not question the
power to frame such guidelines. In the NDPS Act, we fnd specifc
powers conferred under Chapter III. Section 9 gives the Central
Government power to permit, control and regulate cultivation,
manufacture, trade, possession, transport, export, import (both
inter-State and into India) of various types of substances. Opium
and opium derivatives are specifcally mentioned. Section 11 confers
a broadly similar power on the State Government. The NDPS Rules,
1985 contain more specifc provisions. Chapter III deals with opium
poppy cultivation and production, all of which is regulated.
Similarly, Chapter IV of the Rules deals with manufacture, sale and
export of opium. Chapter VI addresses import, export and
transhipment of narcotic drugs and psychotropic substances. Now
narcotic drug is defned in Section 2(xiv) to mean coca leaf, cannabis
(hemp), opium poppy straw and includes all manufactured drugs.
Opium poppy, under Section 2(xvii) means the plant of the species
Papaver Somniferum L and the plant of any other species of Papaver
from which opium or any phenanthrene alkaloid can be extracted or
which the Central Government declares by notifcation to be an
opium poppy. Opium straw is defned in Section 2(xviii) to mean all
parts except the seeds of the opium poppy after harvesting, whether
in their original form or cut, crushed or powered and whether or not
any juices has been extracted therefrom. These defnitions are
immediately relevant to Rules 53 to 56 under Chapter VI of the
NDPS Rules. These tell us that while the import of opium and
concentrate of poppy straw is forbidden save by the Government
Opium Factory (along with morphine, codeine, thebaine and their
salts), every import of a narcotic drug or a psychotropic substance
requires an import certifcate. Thus, the poppy seed is not itself a
