SC-PHYSICAL NATURE OF SAMPLE NOT IMPORTANT TO DETERMINE WHETHER IT IS AN OPIUM

A Bench of Chief Justice of India NV Ramana and Justices AS Bopanna and Hima Kohli held that the physical nature of the material is not relevant to decide whether the contents of the sample examined were opium or not. A physical analysis is not described under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) for testing opium.

The SC, therefore, confirmed the decision given by the Punjab and Haryana High Court that under the NDPS Act, it is only based on the contents of a particular sample that a decision is to be arrived at regarding the same being opium.

In this instant case, the appellant contended that the mandatory provisions of Section 50 of the NDPS Act were not complied with. The appellant was neither searched nor told of his right to being searched before the Gazetted Officer or the Magistrate.

The counsel appearing for the State informed that the search was done in the presence of the Superintendent of Police, who is a gazetted officer. On search, it was found that the appellant had 4 kg opium, out of which 20 grams were taken as a sample. The chemical examiner texted the and confirmed that the substance was opium.

The Apex court dismissed the appeal observing that the physical nature of the sample is not appropriate in specifying its content. The bench canceled the bail bonds of the appellant and ordered him to surrender before the trial court.