issue that arises in this matter is of defect in the sampling procedure
adopted by the investigating officer at the time when recovery and seizure ... would still import an element of
reasonable doubt in the sampling procedure undertaken.
33. Further, the CDR records prima facie seem to suggest that
mixed together, and thereafter sample drawn from such composite
whole of samples.
19. In the present case, the above procedure has been completely
violated ... based on the alleged seizure and sampling.
28. In the present case, prima facie the sampling procedure
followed by the prosecution was not in conformity
mixed together, and thereafter sample drawn from such composite
whole of samples.
19. In the present case, the above procedure has been completely
violated ... based on the alleged seizure and sampling.
28. In the present case, prima facie the sampling procedure
followed by the prosecution was not in conformity
facie appears that this method of sampling does not
conform to the requirements of the Sampling Rules. Samples were to be
drawn from each packet ... NDPS Act and the Sampling Rules. In
the absence of sampling in terms of the Sampling Rules, the value of the
FSL Report itself
taken
sample from each of the 04 bags contained in each of the 09
bags and after homogenously mixing those 04 samples, 02
samples ... sample drawn
would be a true representative sample of the contraband
recovered, can be answered by the chemical analyst, who
analyses the sample and gives
sampling. Further, the
samples were drawn in the presence of the petitioner and his counsel,
photography of the inventory has been done and two samples ... process of sampling has to be in accordance with Section 52A of the NDPS
Act. Any deviation so made in the sampling procedure, shall
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
that
in identical circumstances, this Court has held that the above
sampling procedure would not be proper and it cannot be ruled
out that ... number of samples whereas total 32 number of
samples ought to have been taken.
xxxxx
7. Considering the above facts where
sampling was not done
taken
sample from each of the 04 bags contained in each of the 09
bags and after homogenously mixing those 04 samples, 02
samples ... sample
drawn would be a true representative sample of the
contraband recovered, can be answered by the chemical
analyst, who analyses the sample and gives
prosecution case and prays for bail, are that,
1. seizure and sampling procedure were not done in accordance with
law;
2. The alleged cellphone conversations ... regard to the challenge made to the sampling procedure,
Section II of General Procedure for Sampling, Storage etc., of Standing
Order 1 of 1989 dated
