admitted in his
deposition that he did not witness the essential sampling
procedure, he had only signed documents presented to him, which
renders his testimony ... material contradictions regarding sampling as PW-3
stated that he prepared samples labelled L-1 and L-2, whereas the
sample received at CRCL, Kolkata
with
regard to the number of samples drawn,
quantity of the sample, sealing, mode of
packing, dispatch of samples etc., to the
laboratory concerned ... make a composite whole, from
which the samples are drawn for that lot.
Storage of samples-Procedure
17
2.9 The sample in duplicate should
with regard to the number of samples drawn,
quantity of the sample, sealing, mode of
packing, despatch of samples etc. to the
laboratory concerned ... make a composite whole from
which the samples are drawn for that
lot.
Storage of samples-Procedure
2.9 The sample in duplicate should be kept
2002-2007 dated 14.06.2004,
the DGFT has modified the procedure for sampling of imported
edible/Food Products.
7. Accordingly, the procedure of clearance of food ... among the field formations with regard to re-testing of samples,
the following procedure is prescribed:
a. Customs officers may draw the samples from import
travelling over his
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
travelling over his
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
sample to
Laboratory.
The samples should be sent either by insured post or
through special messenger duly authorised for the purpose.
Despatch of samples ... sampled on the spot of seizure.
3.2 All the packages/containers should be serially numbered and
kept in lots for sampling. The procedure
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
issued under
Section 52 of the NDPS Act prescribes the detailed procedure
for sampling, sealing and dispatching the seized samples to the
laboratory for test ... which has been issued under the Act, lays
down the procedure of taking samples. The High
Court has noticed that P.W.7 had taken
issued under
Section 52 of the NDPS Act prescribes the detailed procedure
for sampling, sealing and dispatching the seized samples to the
laboratory for test ... which has been issued under the Act, lays
down the procedure of taking samples. The High
Court has noticed that P.W.7 had taken
