argument further submitted that in the present case
procedures regarding sampling, sealing and dispatching were
not followed as per standing instruction ... prescribes the detailed procedure for sampling, sealing and
despatching the seized sample to the laboratory for test.
Clauses
requirements
of Section 52A of the NDPS Act inasmuch as, no sampling procedure was
undertaken before the Magistrate;
12.8. No document pertaining to deposit ... seizure.
(III) Any inventory, photographs or samples of seized substance prepared in
substantial compliance of the procedure prescribed under Section 52A of the
NDPS
separately seize some quantity of the recovered drug/substances
as sample but the proper procedure is that the Investigating Officer has to
seize the recovered ... disposal and sampling. There cannot be two
provisions for drawing of samples, one, whether the Investigating Officer
draws the samples on spot and the other
Respondent and upon his
appearance, notice was framed under Section 251 Cr.P.C. for contravention
of provisions of Sections 186 / 353 IPC and Section ... Section 10(7) , a safeguarding
provision meant to ensure fairness in sampling procedure, becomes
pronounced in a case like the present where the allegation
Custody of duplicate sample is provided in clause 1.21
which reads thus:
"1.21. Custody of duplicate sample: Duplicate
sample of all seized narcotic drugs ... 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
sending the samples to the Chemical Examiner. As
per the prescribed procedure, representative sample of any contraband after
seizure and deposit in the Malkhana ... keeping them in lots preceded by compliance of the
procedure for drawing samples."
17. This Court in Malkeet Singh alias Kala vs. State
seed sample may be discarded one year
after the entire lot represented by such sample has been disposed of.
The sample of seed kept ... samples and mark/seal/fasten them accordingly. One sample is to be
delivered to the person from whom it is drawn and the other sample
strictly followed the mandatory provisions of the sampling procedure under Section 23 r/w Rule 57(2) of the Drugs and Cosmetics Rules, 1945 while ... Duties of Government Analysts'. Rule 46 pertains to 'Procedure on receipt of sample'. Rule 47 relates to 'Report of result
strictly followed the mandatory provisions of the sampling procedure under Section 23 r/w Rule 57(2) of the Drugs and Cosmetics Rules, 1945 while ... Duties of Government Analysts'. Rule 46 pertains to 'Procedure on receipt of sample'. Rule 47 relates to 'Report of result
samples and
take the samples in the presence of the person from
whom the samples have been taken. In the present case,
this mandatory procedure ... analysis report of CGAL in respect of the samples
revealed that 9 samples out of 11 samples seized from Guniana centre
were below PFA standards
