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9. Thereafter representative samples in duplicate from consignments covered under each MAWB were drawn by Shri Gaurav Sinha, Inspector in the presence of Sh. Rajeev Khatri, G-Card holder No. 592/1999 of M/s Ananya Exim and the panchas in total six representative samples were drawn in total.

10. For drawl of the representative sample from the consignment pertaining to MAWB number 07133613414, the inspector took a small quantity of substance i.e. Dry Chat leaves from each of the plastic packages containing suspected dry chatt leaves, mixed thoroughly to make the mixture homogenous and out of these two representative samples each weighing 24 grams were taken, which were individually kept in press locked plastic pouches. The same process was undertaken for drawl of representative samples in respect of other two consignments imported under MAWB No. 07133613403 and MAWB No. 07133613576. The representative samples in duplicate were serially numbered as SO1 (for original sample) and SD1 (for duplicate sample). Corresponding to lot A1 to A10, SO2 (for original sample) and SD2 (for duplicate samples). Corresponding to lot B1 to B10 and SO3 (for original sample) and (SD3 for duplicate sample) Corresponding to lot C1 to C10. Thereafter, the press locked small plastic pouches were further placed inside polythene lined yellow colour paper envelopes which were sealed with the official seal of SIIB Branch, NCH, Delhi bearing No. 2-98 over a paper slip containing the signatures of the panchas Sh. Rajeev Khatri, G-Card holder No. 592/1999 of M/s Ananya Exim and Shri Gaurav Sinha, Inspector in such a way that the same could not be tampered without breaking the seal or damaging the envelope. Test memo No. 37, 38 & 39 were also prepared for testing of the samples at Central Revenue Control Laboratory, Hill Side Road, Pusa, New Delhi-110012.

11. After completing the given process, the remaining quantity of the homogenous mixture which was lying in the press locked plastic pouch was then kept lot wise in carton serial No. A1, B1 and C1 respectively. Thereafter, the seized suspected Dry Chat leaves excluding the representative samples drawn, were repacked in the same cartons from which they were recovered, pasted with cello tape and wrapped with plastic straps and sealed over paper slip containing the signatures of the panchas Sh. Rajeev Khatri, G-Card holder No. 592/1999 of M/s Ananya Exim and Shri Gaurav Sinha, Inspector. The seized goods as well as the sealed samples were then handed over to Sh. Jamshed Khan, Duty Officer of custodian M/S Celebi for safe custody under superdginama dated 02.02.2019. The facsimile of SIIB seal used for sealing was also affixed on the test memos prepared. The panchnama proceedings were conducted in a peaceful manner, which concluded at about 19:00 hours on 02.02.2019. The witnesses remained present throughout the proceedings.

13. Learned counsel next submitted that as per the prosecution, in all total six representative samples were drawn. For drawl of the representative sample from the consignment pertaining to MAWB No. 07133613414, the investigation agency / Inspector took a small quantity of substance i.e. Dry Chat leaves from each of the plastic packages containing suspected Dry Chat leaves, mixed thoroughly to make the mixture homogenous and out of these two representative samples each weighing 24 grams were taken, which were individually kept in press-locked pouches. The same process was undertaken for drawl of representative samples in respect of other two consignments imported under MAWB No. 07133613403 and 07133613576 respectively. It is the submission of petitioner's counsel that by collecting the samples from each packet and thereafter mixing all the samples together before drawing any representative samples, the sanctity of the case property in individual packet had lost. Learned counsel relied upon decision of a Coordinate Bench of this Court dated 13.03.2020 in Criminal Appeal No. 1027/2015, titled as Amani Fidel Chris Vs. NCB, wherein the accused was acquitted while observing that mixing of the substance before drawing any sample vitiates the entire sample. In addition, learned counsel also placed reliance upon a decision dated 02.07.2012, pronounced by me in Crl. Appeal 909/2005, titled as Basant Rai Vs. State.

14. Learned counsel next submitted that the petitioner was apprehended on 04.02.2019 and it is an admitted fact that no incriminating material was recovered from his person and that he has been falsely roped in this case without any evidence. It was also submitted that there is no corroborative evidence on record to connect petitioner with the offence in question and out of 41 witnesses, so far only 04 witnesses have been examined by the prosecution and trial of this case is likely to take time and that the entire trial is vitiated due to tampering of the seal by FSSAI and mixing of samples before drawing any representative sample. Thus, petitioner deserves concession of bail.