mixed together, and thereafter sample drawn from such composite
whole of samples.
19. In the present case, the above procedure has been completely
violated ... based on the alleged seizure and sampling.
28. In the present case, prima facie the sampling procedure
followed by the prosecution was not in conformity
mixed together, and thereafter sample drawn from such composite
whole of samples.
19. In the present case, the above procedure has been completely
violated ... based on the alleged seizure and sampling.
28. In the present case, prima facie the sampling procedure
followed by the prosecution was not in conformity
that
in identical circumstances, this Court has held that the above
sampling procedure would not be proper and it cannot be ruled
out that ... number of samples whereas total 32 number of
samples ought to have been taken.
xxxxx
7. Considering the above facts where
sampling was not done
sample (in duplicate) may be drawn.
Clause 2.8 states that, while drawing the
samples from a particular lot, it must be
ensured that representative samples ... mixed
together, and thereafter sample drawn from
such composite whole of samples.
19. In the present case, the above procedure
has been completely violated
further submits that the effect of any alleged defect in the
sampling procedure or delay in the same, has to be considered by the
Court ... being released on
bail on the ground of delay in the sampling procedure being carried
out under Section 52A of the NDPS Act. The recovery
learned SPP for the respondent
submits that the flaw in the sampling procedure is a matter that
is to be considered by the learned Trial ... learned
counsels for the parties.
7. As far as the sampling procedure is concerned, Section
52A of the NDPS Act requires the samples
separately, that was tested at the spot and later in
the sampling procedure followed under Section 52A of the NDPS Act.
He submits that
contraband and does not have any effect on the sampling procedure or
on the case of the prosecution.
6. I have considered the submissions made ... draw representative samples of such
substances in the presence of the Magistrate
and to certify the correctness of the list of
samples so drawn
contraband and does not have any effect on the sampling procedure or
Signature Not Verified
Digitally Signed Crl.M.C. 3866/2024 Page ... draw representative samples of such
substances in the presence of the Magistrate
and to certify the correctness of the list of
samples so drawn
contraband and does not have any effect
on the sampling procedure or on the case of the prosecution.
7. I have considered the submissions made ... draw representative samples of such
substances in the presence of the Magistrate
and to certify the correctness of the list of
samples so drawn
