Indian Kanoon - Search engine for Indian Law

8. He further submits that a perusal of the chargesheet reveals that the procedure adopted in drawing representative samples from the recovered substances is not in accordance with the Standing Order No. 1/88. He further submitted that in accordance with the Standing Instructions No. 1/88, in the event samples are recovered from different packets, the same should not be mixed and samples should be taken from each packet. For this, he placed reliance on Ram Bharose v Government of NCT of Delhi 2022 SCC OnLine Del 5029 where a Coordinate Bench of this Court held that the said act of mixing prior to drawing of samples, vitiated the sanctity of the recovered substances and released the accused on bail. He submits that there can be no ascertainment of the quantity of contraband substances recovered from the applicant as the quantities from both packets had been mixed and emptied on one cloth before they were weighed. Furthermore, he submits that despite the incident happening on a railway station, there is no independent witness to attest the entire process.

Sampling Procedure

14. The first objection is regarding the sampling procedure where applicant contends that mandatory provisions of sampling procedure under Section 52A of NDPS Act were not complied with. In the present case, the seizure was made on a railway platform in Bengaluru, where a total of 57 packets were found to be in possession of both applicant and co-accused Shrimathi while they were boarding the train. Out of these, 12 packets were recovered from the polythene, in possession of applicant. 33 packets were found from the first polythene bag recovered from the co-accused and 12 packets were found from the second polythene bag recovered from the co-accused. As per seizure memo dated 9th December 2020, cardboard boxes were found in the polythenes carried by the accused and upon opening such boxes, transparent pouches were retrieved, containing crystal white substance. These pouches were opened and weighed on a cloth and the total weight was found to be 10.5 kg. From that substance, two samples of 250 gms each were drawn, kept separately in two plastic containers and which were sealed and marked S-1 & S-2. It would have to be seen whether, the process adopted of mixing all the samples at the spot recovered from the packets, would cause any prejudice to the accused.

16. SO 1/89 was promulgated in exercise of powers conferred by Section 52A(1) NDPS Act dealing with disposal of seized narcotics and primarily provides for a regime of proper disposal of drugs as envisaged under Section 52A. While Section I provides a list of drugs meant for disposal, Section II provides the general procedure for sampling, storage etc., Section III is for receipt of drugs in godowns and the procedure to be followed while Section IV for actions to be taken for pre-trial disposal. The sequential flow, therefore, in essence, is as under: