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Showing contexts for: sampling procedures in Laxhman Singh @ Lachman Singh & Anr vs State Of Bihar on 20 April, 2011Matching Fragments
15. Consequently, on 22.06.1989, Ministry of Finance issued directions, when it was brought to the notice of the Finance Ministry, that the different Investigating Officers of various enforcement agencies adopt different procedures in drawing samples from seized narcotic drugs and psychotropic substances, particularly with regard to the number of samples drawn, quantity of the sample, sealing, mode of packing, dispatch of samples etc., to the laboratory concerned for testing purposes. It has also been found that handling of samples at different stages and places may also become an issue in dispute during the trial and hence, a clear and uniform procedure is necessary, to avoid any doubt or confusion at any level, with a view to bring uniformity in approach in such matters, and also to provide for a secured system of handling of drug samples and disposal of seized drugs, it is decided to standardize the procedure with regard to drawing, forwarding and testing of samples and final disposal of the drugs and in pursuance to that the instructions were issued which are as follows:
SECTION II "GENERAL PROCEDURE FOR SAMPLING, STORAGE, ETC.
2.1 All drugs shall be properly classified, carefully, weighed and sampled on the spot of seizure.
2.2 All the packages/containers shall be serially numbered and kept in lots for sampling. Samples from the narcotic drugs and psychotropic substances seized, shall be drawn on the spot of recovery, in duplicate, in the presence of search witnesses (punches) and the person from whose possession the drug is recovered, and a mention to this effect should invariably be made in the panchnama, drawn on the spot.
Drawal of representative samples:
2.8 While drawing one sample (in duplicate) from a particular lot, it must be ensured that representative sample are in equal quantity and is taken from each package/container of that lot and mixed together to make a composite whole, from which the samples are drawn for that lot.
Storage of samples-Procedure 2.9 The sample in duplicate should be kept in heat sealed plastic bags as it is convenient and safe. The plastic bag container should be kept in a paper envelope which may be sealed properly. Such sealed envelope may be marked as original and duplicate. Both the envelopes should also bear the Sl. No. of the package(s)/container(s) from which the sample has been drawn. The duplicate envelope containing the sample will also have a reference of the test memo. The seals should be legible. This envelope which should also be sealed and marked „secret-drug sample/Test memo‟, should be sent to the chemical laboratory concerned.
Preparation of inventory 3.1 After sampling detailed inventory of such packages/containers shall be prepared for being enclosed to the Panchnama. Original wrappers shall also be preserved for evidentiary purposes".
16. Thus from the aforesaid instructions issued under Sub section 1 of Section 52A of the N. D. P. S. Act, it is apparent that the sampling can be done only by adopting procedures, either by drawing the sample from all the seized bags/packets or by amalgamating the whole seized contraband and make it a composite whole and then to draw the sample or to make the bunch of package/containers seized together of identical size and weight, bearing identical makings then sample should be drawn from each lot, then only the accurate test result can be expected.