taken
sample from each of the 04 bags contained in each of the 09
bags and after homogenously mixing those 04 samples, 02
samples ... sample drawn
would be a true representative sample of the contraband
recovered, can be answered by the chemical analyst, who
analyses the sample and gives
send
the second sample. But Excise inspector
submitted a report to the effect that only one
sample was prepared and second sample could ... samples and production of the second
sample before the court and in the absence of
collection of second sample there is a violation
of procedure
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
premises.
He alone can inspect, seize and remove objectionable
material. The procedure of sampling has also to be carried
out only by such authorized officer ... required by sub clause (B) were also not recorded. The
procedure for sampling prescribed under clause 5 is also
found to be violated
disposal in
accordance with the procedure prescribed in Section 52A of
the NDPS Act.
10. The procedure of drawing samples on the spot for
being ... Maharashtra9 took a view that sending the spot samples for
chemical analysis without following the mandatory
procedure under Section 52A of the NDPS Act creates
standing order No.1 of 1989 provides for
general procedure of sampling and storage etc. as under: -
STANDING ORDER No. 1/89 SECTION II -
GENERAL ... packages/containers shall be serially
numbered and kept in lots for sampling. Samples
from the narcotic drugs and psychotropic substances
seized, shall be drawn
sample of 25 gram. To hold the sample to be representative
of entire bulk, it had to be proved by prosecution that the
sample examined ... packages/containers shall be serially
numbered and kept in lots for sampling. Samples
from the narcotic drugs and psychotropic substances
seized, shall be drawn
petition has been filed under Section 439 of the Code of
Criminal Procedure ( Cr.P.C .) for grant of regular bail in FIR bearing ... prejudice caused to the applicant on account of non-
compliance of sampling procedure would have to be established during
the course of trial
drawing the samples, the
authorities have drawn fresh samples before the concerned
Magistrate from the homogeneous gajna and one os such
samples after certification ... have
drawn fresh samples before the concerned Magistrate and
one of such samples was sent for laboratory. Mere drawing
of samples at the scene
aforesaid procedure of sample is against law as the sample is required to be taken from each packet and separate samples are to be drawn ... adopting the procedure of sampling, the raiding authorities are required to prepare separate sample from each packet as a common sample would prejudice the right
