compliance of Section
55 of the Act, 1985. The evidence regarding sampling procedure
is also doubtful. There is no exclusivity present to show that ... entertainable.
15. Another ground raised in the appeal regarding the sampling
procedure and that there was possibility of the seized articles
and samples being tampered
sample. Thereafter, the bulk parcel and samples were separately prepared and
sealed by the Investigating Officer with seal impression 'DS'. The sample seal ... Drawal of representative samples.-- While drawing one sample
(in duplicate) from a particular lot, it must be ensured that
representative sample in equal quantity
same could not relied upon to
reach the conclusion that the sampling procedure was done at the
airport in the manner as described ... deposed that the
samples were not tampered with in the Malkhana.
23. As stated earlier, the conclusion that the sampling procedure
was not carried
insecticide, called
Profenofos 50% E.C. by following due procedure. After following due
procedures, the sample was sent to the Insecticides Analyst, PTL, Theni ... Shop,
Srivilliputhur by the respondent on 30.08.2016. After completing the
formal procedures, sample was lifted and that was sent to the laboratory.
Finding that
municipal drain network and
challenging the validity of the inspection and sampling procedures.
6. Despite the defenses raised, the learned Additional Chief
Judicial Magistrate (Environment ... little reliance on Exhibit P-10.
23. So far as the sampling procedure is concerned, it is noted
that effluent samples were collected from
sampling
procedure is proper and no defect can be attributed to the procedure adopted by
the investigating officer and that issue whether the sampling procedure ... Drawl of samples:
All the packages/containers shall be serially numbered and kept in lots
for sampling. Samples from the narcotic drug and psychotropic
substances
sampling procedure was proper and no defect could be attributed to the
procedure adopted by the investigating officer. The issue either the sampling
procedure ... 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
sampling procedure was proper and no defect could be attributed to the
procedure adopted by the investigating officer. The issue either the sampling
procedure ... 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
samples were drawn.
22. Insofar as the argument regarding improper procedure of
sampling is concerned, this Court by a separate Judgment today in
Sovraj ... cannot be allowed to go scot free
on minute irregularities in procedure of sampling especially when the
prosecution has not had the opportunity to furnish
above twin ingredients.
7. As per case of petitioner, the sampling procedure under section 52A of
This is a digitally signed order.
The authenticity ... stand vitiated because of the
alleged sampling procedure adopted by the investigating agency. The
procedural deficiency in sampling, as contended by learned counsel
