about the preparation of
samples and arrest memo of the first accused. He
would say that he prepared two samples of 300 ml. each ... with P.W.1 when the
detection was made and the sampling procedure was
done by P.W.1. It is significant to notice that
thereafter a
sample of 25 gms. each was taken from each of the three covers
contained in the bag and the samples as well ... three covers three samples each having 25 gms. of Ganja were
taken from each of those covers and the covers containing samples
close of prosecution evidence, the
accused was questioned under Section 313 Cr.P.C. He
denied all the incriminating circumstances brought out in
evidence against ... Ganja'. He speaks about
the samples taken by the SI of Police and also the
procedures followed by the Sub Inspector of Police
satisfying the conditions hereinafter
incorporated, if such application for drawing
samples and sending it for chemical analysis
is filed, within the time stipulated by this ... directed to destroy the goods and
the samples shall be preserved in accordance with
the procedure.
13. In the circumstances of this case, we have
acquittal.
7. I find yet another strange procedure in this case. All
the properties including the sample bottles were produced
before the learned Magistrate
sound samples. It is on that basis the
Court directed the parties to appear at the radio station for
recording their sound samples. Based ... contention raised is that, there is no
procedure available under the existing law for collecting sound
samples. The purpose for which collection of the sound
1173/13 2
this case the samples were taken in accordance with the procedures
contemplated under law. There is also no dispute with respect ... admissibility
of the report of the second sample. The second report is admissible in
evidence under Section 293 Cr.P.C. even without examining
under Section 438 of the
Code of Criminal Procedure, for short "the Code".
2. Sample of toddy collected from the shop on
analysis ... counsel. Sampling done by the Excise officials was not in
B.A.No. 2830 of 2013 2
terms of the procedure prescribed is the further
consideration was whether, based on the
chemical examination report of the second sample, which is
favourable to the accused, the prosecution mocked against
the accused ... 20871/15 22
sample was during the course of criminal proceedings
under Section 293 of Code of Criminal Procedure, more
reliance can be placed
close of the prosecution evidence, the accused
were questioned under Section 313 Cr.P.C. They denied all the
incriminating circumstances brought out in evidence ... crime and forwarding of samples
to the court for sending them for chemical analysis. There is no
procedural irregularity pointed out in the acts done
