the apex court in sukhdev singh vs state of punjab, 2016 observed that under Narcotic Drugs and Psychotropic Substances Act, 1985, the physical analysis for testing opium is not prescribed.
the bench headed by chief justice N V Ramana observed that the physical appearance of the material is immaterial for determining whether the content of material or sample tested is opium or not.
this appeal is filed by the accused against the order of conviction under the NDPS act passed by the high court of Punjab and Haryana.
the accused contended before the court that in the report by chemical examiners it mentioned that opium is generally a sticky material but in this case, the powder material is seized although on testing it comes out as opium.
the state against argued that it’s not mentioned in the NDPS act that opium should be in the sticky form not in any other.
the court noted that only the basis of deciding that it is opium or not is the content of the material not its physical appearance.
the appeal was dismissed by the apex court and the court upheld the order of conviction passed by the high court of Punjab and Haryana.