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(iii) That the prosecution failed to ensure compliance of the requirements of Section 52A of the NDPS Act inasmuch as, no sampling procedure was undertaken before the Magistrate;
(iv) That the Seizure Officer (Inspector PW-1) claims to have collected a total of three samples (one from each bundle of ganja) and handed over one part of the sample to the accused. However, when the articles were received at the FSL, three distinct sample packages were found which upon testing gave the presence of ‘cannabis sativa’. It was thus submitted that only two samples remained with the Investigation Officer and hence there is a grave contradiction and doubt regarding the sanctity of the samples collected by the Seizure Officer (Inspector PW-1) at the time of seizure.
(v) Attention of the Court was also drawn to the evidence of PW-5 who stated that three samples of ganja were taken by Sub-Inspector LW-10, who handed over these sample packets to witness. However, this fact is contradicted by the evidence of the Seizure Officer(Inspector PW-1)), who stated that it was he who collected three samples from the contraband(three bundles of ganja) and handed one over to the accused under proper acknowledgment. Thus, as per the learned counsel, the FSL report is honest in the eyes of law as the sampling procedure is totally flawed;