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18. He submitted that the argument of the applicant with respect to non-compliance of section 52A of the NDPS is not to be considered at this stage as the question of whether any prejudice was caused to the applicant by the alleged irregularity in the seizure and procedure of sampling would be tested during the trial.

31. In view of the above discussion, I hold that violation of Section 52A vitiates the sample collection procedure and the benefit of the same must accrue to the Applicant.

32. The application by the respondent under section 52A was filed after a delay of 51 days. At that time, the applicant did not object.

Improper Sampling: Non-Compliance Of Standing Order No. 1/88

65. The applicant has also challenged the procedure of sampling in the present case. It is contended by the applicant that the law on drawing of samples as expounded in Standing Order No. 1/88 has been contravened by the prosecution. The relevant portion of Standing Order No. 1/88 is stipulated hereunder:

82. Bail was granted by this Court where the sampling procedure followed by the prosecution was not in conformity with the Standing Orders on the basis of similar observations in Gurpreet Singh v. State of NCT of Delhi (supra), Sarvan v. State Govt. of NCT of Delhi: