applicant seeks bail only on
the ground of defect in sampling procedure adopted by the Investigating
Officer at the time when the recovery and seizure ... stand vitiated because of the alleged sampling procedure
adopted by the Investigating Agency. The procedural deficiency in
sampling, as contended by learned counsel
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
that the samples drawn are not the true representative samples of the entire
contraband recovered from the applicant inasmuch as the samples have been
drawn ... stand vitiated because of the alleged sampling procedure
adopted by the Investigating Agency. The procedural deficiency in
sampling, as contended by learned counsel
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
Advocate (Crl. Side) submitted
that it is not true that the sampling procedure was not followed. 21 tablets
containing psychotropic substances were recovered from ... submissions of the learned counsel for the petitioner is
that (1) sampling procedure was not properly done (2) there is discrepancy
of colours
Learned Senior Counsel for the applicant has submitted that the general procedure for sampling provided in Standing Order No. 01 of 1989 dated ... representative sample is not provided in the Standing Order since if such a course is adopted the sample would seize to be representative sample
absence of any other evidence, Mr. Priyadarshi argued
that the sampling procedure adopted by the NCB, both with regard to
the recovery from the parcel ... Ebera
Nwanaforo58.
22. As far as the legality of the sampling procedure is concerned,
having regard to the judgment of this Court in Anthony Umeh59
