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b. Pinak Shankar Basu vs. State of Assam & Anr., in Criminal Appeal(J) No. 84/2020.

c. Altaf Hussain vs. State of Assam, in Bail Application No. 1048/2024.

9. Per contra, learned Additional Public Prosecutor submits that the sampling procedure was proper and no defect could be attributed to the procedure adopted by the investigating officer. The issue either the sampling procedure was in accordance with the standing orders or not is a matter of evidence to be appreciated at the time of trial and cannot be examined at this stage. It is further contended that the accused/ petitioners have to establish prejudice caused to them on account of the alleged non compliance with the appropriate procedure for sampling. Accordingly, the learned Additional Public Page No.# 5/10 Prosecutor has prayed for dismissal of the bail application at this stage of investigation.

10. Having heard the learned counsel for the parties, it reveals that the learned counsel appearing for the petitioners seeks bail only on the ground of defect in sampling procedure adopted by the investigating officer at the time when the recovery and seizure was made in the present case. On perusal of case dairy, it reveals that the alleged contraband are of commercial quantity and the FSL report gives positive test for heroine.

11. The procedure which comes into effect after arrest and seizure is contained in Section 52 and 57 of the NDPS Act. The Hon'ble Supreme Court, in State of Punjab v. Balbir Singh, (1994) 3 SCC 299 has held as under:

12. In Shailender v. State NCT of Delhi, vide bail application no. 3508/2021, bail to the applicant therein was denied by holding that the procedural lapse has to be determined during the course of the trial and not in a proceeding for grant of bail.

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13. In Bipin Bihari Lenka v. Narcotics Control Bureau, 2022 SCC OnLine Del 1160, rejected the bail application and observed that alleged prejudice caused to the applicant on account of non-compliance of sampling procedure would have to be established during the course of trial. It was held as under: