power under
Section 75 (e) of the Code of Civil Procedure ( CPC ) read with
Order-XXVI, Rule-10 (A) to issue a direction for holding ... remain silent. Use of compulsory
powers in criminal procedure to obtain materials including blood samples for DNA testing from the accused,
IA No.10394/2011
sample. In case of lumps, these must be grinded and homogenized so as to ensure it is a true sample. The quantity of homogeneous sample ... substance sampled' which was held clearly to mean 'as article or substance sampled in accordance with the statutory procedure'. Bridge
samples of the appellant.
8. The appellant urged that the samples taken in this raid
were in complete violation of the mandatory procedural
provisions ... show any haste in getting the samples
tested. The samples were drawn and tested as per the
23
procedure laid down and on the receipt
provision in the Criminal
Procedure Code , can a Magistrate authorise the Investigating
Agency to record the voice sample of the person accused of an
offence ... Code of Criminal Procedure , 1973, either
empowering the Court to direct an accused to lend his voice sample or
the Investigating Agency to conduct
power
under Section 75 (e) of the Code of Civil
Procedure ( CPC ) read with Order-XXVI, Rule-10
(A) to issue a direction for holding ... remain
silent. Use of compulsory powers in criminal
procedure to obtain materials including blood
samples for DNA testing from the accused, which
has an existence
launched by that authority alone. While collecting and
sending the samples, the definite procedure as
17
contemplated in FSSA has not been followed. Under
Section ... effect "The Food
Inspector has not followed the procedure of seizing
and sampling food articles, even test carried out
under
considering the procedures and rules which were
produced by the learned Government Advocate to establish the
procedure for taking the DNA samples and its preservation ... counsel for the
appellant about the safe custody of the samples and the procedure
15 CRA No. 458/2019
CRRFC No. 02/2019
adopted
standing instructions 1/88 of the DRI department
containing the procedural safeguards to be followed for a search
and seizure effected under the provisions ... same as a
statement made under Section 161 of the Cr.P.C., unless it is
made under threat or coercion; this being a vital
Learned Senior Counsel for the applicant has submitted that the general procedure for sampling provided in Standing Order No. 01 of 1989 dated ... representative sample is not provided in the Standing Order since if such a course is adopted the sample would seize to be representative sample
with the contents of the samples. The samples were not kept in safe and proper custody and the sealing procedure was absolutely defective. There ... seal on the sample, the same may be allowed on both the original and duplicate of each sample.
(vi) The sample in duplicate should
