Indian Kanoon - Search engine for Indian Law

v. Relying on the Supreme Court‟s decision in Noor Aga v. State of Punjab &Anr. in CRIMINAL APPEAL NO. 1034 OF 2008, (2008) 16 SCC 417, the learned counsel states that guidelines in the Standing Order cannot be flouted and should be substantially complied with.

vi. It is submitted that the sampling procedure was vitiated. He relies on the judgment of Hon‟ble Supreme Court in Gaunter Edwin Kircher v. State of Goa, Secretariat Panaji, Goa (AIR 1993 SC 1456) in which it was stated that sample from the seized contraband has to be taken from each packet/lace roll whereas, in the present case sample was not taken from each lace roll.

18. Relying on the aforesaid precedent, in the instant case, there is a reasonable apprehension of tampering with the seized contraband that was lying in the custody and control of the Department for 51 days. Additionally, the Respondent has failed to provide any justification for the delay of 51 days in filing the application under section 52A of the NDPS Act.

19. In light of the above discussion, I am of the view that there is violation of section 52A in the present case. The sample collection procedure stands vitiated due to unexplained delay of making an application to the Magistrate in a reasonable time period. The benefit of the said violation must accrue to the Applicant.