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Showing contexts for: sampling procedures in Odinaka Emelirou vs State Nct Of Delhi on 26 September, 2024Matching Fragments
7. As per case of petitioner, the sampling procedure under section 52A of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/11/2024 at 15:57:05 NDPS Act was defective and benefit should be given to him. However, now it is settled law that deficiency if any in sampling of the contraband recovered is a matter of evidence which is to be led during trial and not to be considered during bail. In Shailender v. State of NCT of Delhi, BA No. 3508/2021, a Coordinate Bench of this Court inter alia held that the circumstances under which the sampling procedure could not be followed as per the mandate, needs to be duly considered after the evidence has been led on record and the FSL expert is examined. In my considered opinion, there does not exist reasonable grounds at this stage to give a finding that the entire proceedings stand vitiated because of the alleged sampling procedure adopted by the investigating agency. The procedural deficiency in sampling, as contended by learned counsel for the petitioner, can be considered only after the evidence is led on record.