Physical Analysis Is Not Prescribed Under NDPS Act For Testing Opium : Supreme Court

The Supreme Court observed that physical analysis is not prescribed under the provisions of the Narcotic Drugs and Psychotropic Substances Act for testing the opium.

The physical nature of the material is not relevant for determining whether the contents of the sample analyzed were actually opium or not, the bench headed by CJI NV Ramana observed thus while dismissing an appeal filed against a judgment passed by High Court of Punjab and Haryana confirming conviction of the accused under NDPS Act.

One contention raised in this case was that the report of the Chemical Examiner indicates that some powder material/ chura was tested but opium is generally a sticky material.  To this, the State submitted that as per the provisions of the NDPS Act, it is nowhere mentioned that opium should necessarily be in the form of a sticky material.

While dismissing the appeal, the bench, also comprising Justices AS Bopanna and Hima Kohli, observed:

"It is only on the basis of the contents of particular sample that a conclusion is to be arrived at regarding the same being opium. The physical nature of the material is not relevant for determining whether the contents of the sample analyzed were actually opium or not, and physical analysis is not prescribed under the provisions of the NDPS Act for testing the opium. These aspects of the matter has been appropriately adverted to by the learned Sessions Judge in arriving at his conclusion. The same has been reappreciated and confirmed by the High Court."

Case: Sukhdev Singh vs State of Punjab | CrA 1004 of 2016 | 22 Feb 2022

Citation: 2022 LiveLaw (SC) 245

Coram: CJI NV Ramana, Justices AS Bopanna and Hima Kohli