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During the course of investigation, two samples were taken from the recovered substance by SDM, Karol Bagh as per proceedings under Section 52A NDPS Act. Further, as per FSL report, the samples were found to contain Diacetylmorphine (13.8%), monoacetylmorphine and trimethoprim.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated and was lifted from Rithala Naala nearby Rithala Metro Station about 5:00-6:00 PM on 13.01.2021 by the raiding team. It is further urged that in view of the same, the Call Detail Records were requested to be preserved and analysed and an application in this regard had been moved under Section 91 of NDPS Act. It is also urged that upon inquiry by the senior officers, investigation of the case was transferred from District Narcotic Cell to PS: Hauz Qazi. The sampling procedure adopted by the prosecuting agency is further stated to have vitiated the entire proceedings.

Prima facie, the substance recovered in each packet was of similar texture, colour and tested positive on field testing kit. Admittedly, as observed by the learned Trial Court, even if an irregularity is assumed in the sampling procedure, the possession of heroin to the extent of 200 gms. in one of the packets, cannot be doubted in view of FSL results. Further, the circumstances under which the sampling procedure could not be followed as per the mandate, duly needs to be considered after the evidence has been led on record and the FSL expert is examined. At this stage, it cannot be held that no offence is disclosed or the petitioner has been falsely implicated.