[NDPS Act] Physical nature of contraband not relevant to determine whether it is opium: Supreme Court

The Supreme Court recently held that the physical nature of the material is not relevant to determine whether the contents of the sample analysed were actually opium or not. [Sukhdev Singh v. State of Punjab].A Bench of Chief Justice of India NV Ramana and Justices AS Bopanna and Hima Kohli held that physical analysis is not prescribed under the provisions of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) for testing 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," the order said.The Bench, therefore, reaffirmed the decision given by High Court of Punjab and Haryana to hold that under the NDPS Act, 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 appellant in the present case had submitted that the mandatory provisions of Section 50 (conditions under which search of persons shall be conducted) of the NDPS Act were not complied with, and the appellant was neither searched nor told of his right to being searched before the Gazetted Officer or the Magistrate..The counsel for the State submitted that the search was conducted in the presence of the Superintendent of Police, who is a gazetted officer. Subsequently, it was found that the appellant was carrying 4 kg opium from which 20 grams were taken as a sample. Thereafter, the sample was tested by the Chemical Examiner, who confirmed that the substance was opium.The report of the chemical examiner had also indicated that the sample was some powder material/chura. The counsel for appellant submitted that, “opium is generally a sticky material.”The State's counsel, however, argued 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..The top court dismissed appeal observing that the physical nature of the sample is not relevant in determining its content. Consequently, the bail bonds of the appellant were cancelled and they were ordered to surrender before the trial court to serve the remaining period of sentence..Advocate-on-Record Fuzail Ahmad Ayyubi along with advocates Abbula Kalam, Mausumi Mishra, Abdul Qarim and Danish Saifi appeared for the appellant.For the respondent-State, Advocate-on-Record Jaspreet Gogia along with advocates Karanvir Gogia and Shivangi Singhal appeared..[Read Order]