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Showing contexts for: sampling procedures in Aas Mohammad vs State Govt. Of Nct Of Delhi on 20 March, 2024Matching Fragments
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 22/03/2024 at 04:47:37
5. Placing reliance on the judgment dated 26.04.2023 of a Coordinate Bench of this Court in Bail Appln.557/2023, titled as Sachin Kumar v. State (Govt. of NCT of Delhi), he submits that in identical circumstances, this Court has held that the above sampling procedure would not be proper and it cannot be ruled out that the left over bundles may not be containing the contraband. The Court held that, therefore, rigours of Section 37 of the NDPS Act would not apply as there exists a dispute qua the weight of contraband Ganja that was actually recovered from the accused.
8. On merits, he submits that at the time of the recovery of the contraband, each bundle so recovered had been checked and was found to be containing Ganja. The sampling procedure was carried out by the learned Duty MM and, therefore, if any deficiency is found in the same, the same cannot prejudice the case of the prosecution. He further submits that the contraband is still available for inspection and sampling, therefore, mere error in sampling cannot be a ground to release the applicant on bail.
23. Though the learned APP for the State may be right in his submission that the procedure was conducted before the learned Duty Magistrate, at the same time, it is the duty of the prosecution to guide the learned Magistrate on the proper sampling procedure. In any case, if there is a defect in the 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 22/03/2024 at 04:47:38 sampling procedure, the benefit of the same has to be given and can be used by the accused.
24. In view of the above discussion, in my view, the applicant has been able to make out a case for the grant of bail by meeting the standards applicable under Section 37 of the NDPS Act, especially taking into account the defect in the sampling procedure, lack of criminal antecedents, and his continued detention since 20.04.2021. Out of 17 witnesses, only about 3 witnesses have so far been examined, and the trial is not likely to conclude any time soon.