applicant seeks bail only on
the ground of defect in sampling procedure adopted by the Investigating
Officer at the time when the recovery and seizure ... stand vitiated because of the alleged sampling procedure
adopted by the Investigating Agency. The procedural deficiency in
sampling, as contended by learned counsel
NDPS Act provides the
procedure for disposal of seized narcotic drugs and psychotropic substances
including the procedure for sampling. For ready reference, Section ... mixed together, and thereafter
sample drawn from such composite whole of samples.
19. In the present case, the above procedure has been completely
violated
NDPS Act provides the
procedure for disposal of seized narcotic drugs and psychotropic substances
including the procedure for sampling. For ready reference, Section ... mixed together, and thereafter
sample drawn from such composite whole of samples.
19. In the present case, the above procedure has been completely
violated
deprived of its right to participate in joint sampling of
coal or the sampling procedure which could lead to supply of lumpy, wet and
sticky ... sampling
procedure lacks obligation on the seller to incorporate fair and
transparent procedure to match the Gross Calorific Value (GCV)
pricing mechanism. The sampling
remaining 10 pieces, he prepared a composite sample by adopting standard sampling procedure and a quantity of 1 gram was taken from this composite sample ... standard sampling procedure by taking representative sample. However, even as per the standard sampling procedure, referred to by him, he should have atleast examined half
stand vitiated because of the alleged sampling procedure
adopted by the Investigating Agency. The procedural deficiency in
sampling, as contended by learned counsel ... samples cannot said to be defective at this stage. The answer to the issue
whether the sample drawn is true representative sample
applicant by the alleged irregularity in the seizure and procedure of
sampling would be tested during the trial.
19. He submitted that Coordinate Bench ... learned Magistrate and delay in sending of samples
to FSL;
b) Sampling not done as per the procedure established by law as
the sample
application.
Submissions on behalf of Applicant
7. Improper Sampling: Counsel for applicant contended that
sampling procedure followed by the Customs Officers was improper, in
Signature ... seized contraband
therefore, was at least four times that quantity.
Sampling Procedure
17. The first objection has been taken of the sampling procedure where
stand vitiated because of the alleged sampling procedure
adopted by the Investigating Agency. The procedural deficiency in
sampling, as contended by learned counsel ... samples drawn would be a true representative sample of the
contraband recovered, can be answered by the chemical analyst, who analyses
the sample and gives
that the samples drawn are not the true representative samples of the entire
contraband recovered from the applicant inasmuch as the samples have been
drawn ... stand vitiated because of the alleged sampling procedure
adopted by the Investigating Agency. The procedural deficiency in
sampling, as contended by learned counsel
