municipal drain network and
challenging the validity of the inspection and sampling procedures.
6. Despite the defenses raised, the learned Additional Chief
Judicial Magistrate (Environment ... little reliance on Exhibit P-10.
23. So far as the sampling procedure is concerned, it is noted
that effluent samples were collected from
revealed a
disturbing lack of uniformity and consistency in seizure and
sampling procedures. The legislative intent behind the 2022
Rules is to eliminate arbitrariness, caprice ... although samples were allegedly drawn at the spot , the
Magistrate-certified samples were admittedly not forwarded
to the Forensic Science Laboratory. Instead, the sample that
inspection after serving notice under the Rules and collected
samples from the final outlet. The samples, sealed at site in the
presence of the occupier ... testimony of PW-2 but found
significant lacunae in sampling procedures, non-production of key
witnesses, absence of proof regarding compliance of sampling
rules
contents mixed together before
samples were drawn. Admittedly, no individual samples were
taken from each carton or bag; rather, samples were drawn
from the mixed ... collection of samples was not proper and in
accordance with the procedure of sampling as per Standing
Order No. 1/1989 seems to be worth
application under Section 483 of the BNSS corresponding
to Section 439 CrPC at the instance of accused-petitioner. The
requisite details of the matter ... recovered without any valid license or permit.
In compliance with legal procedure, samples were collected, and
the remaining contraband was sealed and marked. Based
urged on
behalf of the appellant that the search, seizure, and
sampling procedures were vitiated by palpable procedural
irregularities. The challenge
mandatory provisions of
the NDPS Act , particularly with respect to sampling
procedure, as it has been urged that the samples were not
drawn ... have
not properly identified the appellants. These aspects,
coupled with the alleged procedural lapses in search and
seizure, require deeper scrutiny and re-appreciation
Furthermore, it has been vehemently contended that the
search, seizure, and sampling procedures suffer from legal
infirmities. The plea regarding procedural irregularities, if
substantiated upon
appellant challenges the legitimacy of the search,
seizure, and sampling procedures, asserting procedural
irregularities that could undermine the evidentiary basis of
the case. These contentions
NDPS Act, which
envisages a lawful procedure for preparation of inventory,
sampling, and certification of seized contraband under
judicial supervision, appears to have been observed ... Exhibit
P-29), in the absence of original seizure material, proper
sampling procedures, chain of custody, or reliable inventory,
renders the entire prosecution case suspect
