Plugging loopholes in Narcotic Substances and Psychotropic Substances Act, the Supreme Court on Thursday in a landmark judgment ruled that once chemical tests prove presence of 'morphine' and 'meconic acid' in commonly-circulated poppy straw, courts would require no further corroboration to categorize the seized substance as narcotic drugs.
A bench of Justices B R Gavai and C T Ravikumar said, "Once a chemical examiner establishes that the seized 'poppy straw' indicates a positive test for contents of 'morphine' and 'meconic acid', it is sufficient to establish that it is covered under Section 2 of the NDPS Act, 1985 and no further test would be necessary for establishing that the seized material is part of 'papaver somniferum L."
In 2003, Himachal Pradesh Police had seized 370 kg of 'poppy straw' in 10 bags&nbsp;from one Nirmal Kaur's house in Una district. The samples tested from the seized substances were sent to a chemical examiner who certified the presence of both morphine' and 'meconic acid'. She was convicted by a trial court and sentenced to 10-years imprisonment with a fine of Rs1 lakh.
The Himachal HC reversed the conviction on the ground that tests conducted by the chemical examiner were not enough to reach a conclusion that the stuff was in fact 'poppy straw'.
With the assistance of Himachal additional advocate general Abhinav Mukerji and amicus curiae K Parameshwar as well as additional solicitor general KM Nataraj, the SC concluded that "once it is established that the seized material contains 'meconic acid' and 'morphine', it will be sufficient to establish that it is derived from 'papaver somniferum L' under the 1985 Act."

SC plugs key loopholes in NDPS Act on narco drug test

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