Awadh Ram vs State Of U.P. on 18 January, 2018
He ought to have mentioned that there were four plastic packets from which charas was recovered and also that from all the four packets samples were taken. How such a vital point would be missed out by him is beyond comprehension and would lead to doubt in the mind that any such recovery was made and that the sample sent to the Forensic Science Lab actually represented charas recovered from all the packets. Nowhere has it come on record that from all the four packets sample was taken or little bit amount of charas was taken from each packet which was mixed and thereafter the same was sent to the Forensic Science Lab for being tested. The learned amicus curiae has provided a copy of the judgment of this very Court delivered in Jail Appeal No. 4577 of 2014 (Arvind Dubey vs State of U.P.), in which this Court referred to the Standing Instructions No. I of 88 issued by the Narcotic Control Bureau, New Delhi laying down the guidelines how the sample should be taken, and the judgment of the Supreme Court in Khet Singh vs Union of India, (2002) 45 ACC 41, wherein it was held that though the above guidelines did not have force of law but they ought to be followed to show that a fair procedure was adopted by officer In-charge of the investigation. For the sake of convenience the said guidelines are reproduced herein below along with the above judgment: -