stand vitiated because of the alleged sampling procedure
adopted by the Investigating Agency. The procedural deficiency in
sampling, as contended by learned counsel ... samples cannot said to be defective at this stage. The answer to the issue
whether the sample drawn is true representative sample
stand vitiated because of the alleged sampling procedure
adopted by the Investigating Agency. The procedural deficiency in
sampling, as contended by learned counsel ... 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
issue that arises in this matter is of defect in the sampling procedure
adopted by the investigating officer at the time when recovery and seizure ... would still import an element of
reasonable doubt in the sampling procedure undertaken.
33. Further, the CDR records prima facie seem to suggest that
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
prosecution case and prays for bail, are that,
1. seizure and sampling procedure were not done in accordance with
law;
2. The alleged cellphone conversations ... regard to the challenge made to the sampling procedure,
Section II of General Procedure for Sampling, Storage etc., of Standing
Order 1 of 1989 dated
urged that the specimen samples and the
remainant of the contraband collected by the Seizure Officer
during the sampling procedure were duly proved ... preparing the samples, this Court is
of the opinion that the prosecution miserably failed to prove
that appropriate sampling procedure was adopted by the
Seizure
sample in question was
tested, the particulars of the sample were checked to make sure that
the same is intact. He affirmed that the sample ... essentially, three-fold. The first relates to whether the
procedure for drawing samples allegedly followed by the complainant
is permissible. Second, whether the substance
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
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
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
