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
applicant by the alleged irregularity in the seizure and procedure of
sampling would be tested during the trial.
19. He submitted that Coordinate Bench ... learned Magistrate and delay in sending of samples
to FSL;
b) Sampling not done as per the procedure established by law as
the sample
application.
Submissions on behalf of Applicant
7. Improper Sampling: Counsel for applicant contended that
sampling procedure followed by the Customs Officers was improper, in
Signature ... seized contraband
therefore, was at least four times that quantity.
Sampling Procedure
17. The first objection has been taken of the sampling procedure where
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
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
facie appears that this method of sampling does not
conform to the requirements of the Sampling Rules. Samples were to be
drawn from each packet ... NDPS Act and the Sampling Rules. In
the absence of sampling in terms of the Sampling Rules, the value of the
FSL Report itself
