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16. Even though the Special Court has granted permission on 27.10.2019 to produce the seized contraband before the Tahsildar and Taluka Executive Magistrate, Udupi, P.W.7 did not produce the seized contraband immediately and produced the same after 14 days. Said delay is not explained. Therefore, there is undue delay in producing the seized contraband before the Magistrate.

17. A plain reading of Section 52-A of the NDPS Act shows that the manner and procedure of sampling is not specifically provided in it and rather by sub-section (1), the Central Government has been empowered to prescribe by notification the procedure to be followed for seizure, search and disposal of drugs and psychotropic substances. The Central Government has, in exercise of that power, issued standing order bearing No. 1/1989 which prescribes the procedure to be followed while conducting seizure of the contraband. Said order No. 1/1989 supersedes the previous standing order No.1/1988. What is quantity of sample to be drawn is provided clause 1.6 of the said standing order which reads thus:

18. In pari materia with the standing order No. 1/1988 is the standing order No. 1/1989 dated 13.06.1989 issued under sub-section (1) of Section 52-A of the NDPS Act by the Department of Revenue, Ministry of Finance, Government of India. Section (II) of the said order of 1989 provides for the general procedure for sampling and storage. Relevant provisions reads thus:

"2.2. All the packages/containers shall be serially numbered and kept in lots for sampling.

19. On a conjoint reading of both the standing order Nos. 1/1988 and 1/1989, in case of Ganja, quantity of sample to be taken is 24 gms for chemical testing. The said sample is to be drawn in duplicate. Said duplicate sample must be preserved and kept in safe custody of the Investigating Officer along with the case property. The Hon'ble Apex Court in the case of Simarnjit Singh Vs. State of Punjab, reported in 2023 SCC Online SC 906 has held that procedure for sampling prescribed under the standing orders must be substantially complied with.