No other test needed to establish guilt once seized poppy straw tests positive for morphine, meconic acid: SC

It noted that answers to these questions have a bearing on a number of cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

It observed that the dominant purpose of the 1985 Act was to curb the menace of trafficking of drugs and psychotropic substances and thus the interpretation which advances the purpose of the law has to be preferred rather than adopting a “pedantic and a mechanical approach”.

While referring to earlier enactments, international conventions and scientific studies, the Supreme Court observed it is well recognised that the ‘papaver somniferum L’ plant was the main source for the production of opium and studies have established that ‘papaver somniferum L’ consists of morphine and meconic acid.

“In other words, once it is established that the seized poppy straw tests positive for the contents of morphine and meconic acid, no other test would be necessary for bringing home the guilt of the accused under the provisions of Section 15 of the 1985 Act,” the bench said in its 74-page judgement.

Section 15 of the NDPS Act deals with punishment for contravention in relation to poppy straw.

The issue cropped up before the apex court while dealing with an appeal filed by the state of Himachal Pradesh challenging the November 2007 judgement of the high court which had set aside the conviction and 10 years sentence awarded by a trial court to an accused in a narcotic case.

According to the prosecution, a huge quantity of poppy husk was recovered at the instance of the accused.

In its verdict, the apex court said if the view taken by the high court is to be accepted, a person who has been found contravening the provisions of the 1985 Act and dealing with contraband material which has been found in the chemical examiner’s report to contain morphine and meconic acid, would escape the stringent provisions of the law.

“We are therefore of the considered view that the High Court was not justified in holding that, even after the chemical examiner’s report establishes that the contraband contains meconic acid and morphine, unless it was established that the same was derived from the species of ‘papaver somniferum L’, conviction under section 15 of the 1985 Act could not be sustained,” it said.

The bench referred to the legislative history prior to the coming into force of the 1985 Act and observed that since many deficiencies were found in the earlier enactments and the provisions therein were not found sufficient to deal with the problems of drug trafficking, it was found necessary to enact a new law.

It noted that after the passing of the three earlier enactments, there were tremendous developments on an international platform and a vast body of international law in the field of narcotics control had evolved through various treaties and protocols.

“The Government of India had been a party to these treaties and conventions which entailed several obligations which were not covered or were only partly covered under the old Acts. It was further noticed that the scheme of the earlier Acts was not a sufficient deterrent to meet the challenge of well-organised gangs of smugglers,” the bench said.

It noted that the penalty provided under the old Acts was also inadequate.

The bench said taking into consideration that the country had, for the last many years, been increasingly faced with the problem of drugs trafficking, which had posed serious problems to governments at the state and the Centre, it was found necessary to enact a comprehensive law.

“It is thus clear that the dominant purpose of the new enactment was to curb the menace of trafficking of drugs and psychotropic substances. Therefore, the interpretation which advances the purpose of the Act has to be preferred rather than adopting a pedantic and a mechanical approach,” it said.

The Supreme Court said there was also a development in the last century at the international level to make a combined effort in controlling and prohibiting the menace of drugs and psychotropic substances.

“In the result, we hold that, once a chemical examiner establishes that the seized poppy straw indicates a positive test for the contents of morphine and meconic acid, it is sufficient to establish that it is covered by sub-clause (a) of clause (xvii) of section 2 of the 1985 Act and no further test would be necessary for establishing that the seized material is a part of ‘papaver somniferum L’,” the bench said.

Dealing with the appeal, the apex court remanded the matter to the high court for consideration afresh in accordance with what has been held by the bench.

“We suspend the sentence till the matter is decided on merits by the high court,” it said.

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