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
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
portion of the sampled drug was
forwarded to the government analyst, as per the procedure laid down in
Rule 57 of the Drugs and Cosmetics ... which provides as under:
―23. Procedure of Inspectors.--(1) Where an Inspector takes any
sample of a drug or cosmetic under this Chapter, he shall
portion of the sampled drug was forwarded to the
government analyst, as per the procedure laid down in Rule 57 of the
Drugs and Cosmetics ... which provides as under:
―23. Procedure of Inspectors.--(1) Where an Inspector takes any
sample of a drug or cosmetic under this Chapter, he shall
portion of the sampled drug was forwarded to the
government analyst, as per the procedure laid down in Rule 57 of the
Drugs and Cosmetics ... which provides as under:
―23. Procedure of Inspectors.--(1) Where an Inspector takes any
sample of a drug or cosmetic under this Chapter, he shall
portion of the sampled drug was
forwarded to the government analyst, as per the procedure laid down in
Rule 57 of the Drugs and Cosmetics ... Signing Date:06.09.2023
19:46:14
―23. Procedure of Inspectors.--(1) Where an Inspector takes any
sample of a drug or cosmetic under this Chapter
portion of the sampled drug was
forwarded to the government analyst, as per the procedure laid down in
Rule 57 of the Drugs and Cosmetics ... which provides as under:
―23. Procedure of Inspectors.--(1) Where an Inspector takes any
sample of a drug or cosmetic under this Chapter, he shall
read with Section 311 of the CrPC give sufficient power to the concerned
Court to obtain voice samples of the witnesses.
9. A preliminary objection ... justice by
bending sharply, if need be, the prescriptions of procedure.
The wages of procedural sin should never be the death of
rights."
(emphasis
