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"Section II General Procedure for Sampling, Storage, etc.

10 of 25 2.1 Sampling and classification, etc. of drugs.

All drugs shall be properly classified carefully weighed and sampled on the spot of seizure.

2.2 Drawal of samples. All the packages/containers shall be serialy numbered and kept in lots for sampling. Samples from the narcotic drugs and psychotropic substances seized, shall be drawn on the spot of recovery, in duplicate, in the presence of search witnesses Panchas and the person from whose possession the drug is recovered, and a mention to this effect should invariably be made in the panchnama drawn on the spot.

2.8 Drawal of representative samples.-- While drawing one sample (in duplicate) from a particular lot, it must be ensured that representative sample in equal quantity is taken from each package/container of that lot and mixed together to make a composite whole from which the samples are drawn for that lot.

12 of 25 2.9 Storage of samples-procedure.-- The sample in duplicate should be kept in' heat sealed plastic bags as it is convenient and safe. The plastic bag container should be kept in a paper envelope should may be sealed property. Such sealed envelope may be marked as original and duplicate. Both the envelopes should also bear the S. No. of the package(s)/container(s) from which the sample has been drawn. The duplicate envelope containing the sample will also have a reference of the test memo. The seals should be legible. This envelope along with test memos should be kept in another envelope which should also be sealed and marked secret-drug sample/Test memo', to be sent to the chemical laboratory concerned. 3.0 Despatch of samples for testing - To whom to be sent.-- The seizing officers of the Central Governments Departments, viz., Customs, Central Excise, Central Bureau of Narcotics, Narcotics Control Bureau, Directorate of Revenue Intelligence, etc. should despatch samples of the seized drugs to one of the Laboratories of the Central Revenues Control Laboratory nearest to their offices depending upon the availability of test facilities. The other Central Agencies like BSF, CBI and other Central Police Organizations may send such samples to the Director, Central Forensic Laboratory, New Delhi. All State Enforcement Agencies may send samples of seized drugs to the Director/Deputy Director/Assistant Director of their respective State Forensic Science Laboratory. 3.1 Preparation of inventory.-- After sampling, detailed inventory of such packages/containers shall be prepared for being enclosed to 13 of 25 the panchnama. Original wrappers shall also be preserved for evidentiary purposes.

It is thus submitted that before drawing the sample, no proper procedure was followed by the Investigating Officer, as all the loose tablets were 14 of 25 not mixed together to make it a uniform bulk for the purpose of drawing the sample. It is also argued that out of total recovery, only 20 tablets were separated as sample parcel, which do not represent the entire bulk.

It is next contended that it has come in the statement of PW3 Inspector Dalbir Singh that when he presented the case property before the Judicial Magistrate, the Court passed the order Ex.PK for depositing the parcels in the malkhana, however, he only deposited the bulk parcel. Thus from 07.06.2010 till 16.06.2010 i.e. for a period of 09 days, he kept the sample parcels with him and has never deposited the same in the malkhana.

(viii) Even the manner, in which the samples were drawn, is not as per the standing Order No.1/89 issued by the Govt. of India, as it is the case of prosecution that the recovery of tablets were in loose form and no proper procedure for representing the bulk while drawing the samples was followed. In view of judgment of this Court in Jaswinder Singh (supra) and Dharam Singh (supra), the sample of 20 tablets drawn from the entire bulk cannot be held to be a proper, homogeneous and representative sample.