bearing no label declaration, to which he agreed. The sample was
then lifted as per procedure prescribed under the PFA Act and Rules.
Each sample ... jhaba and
sample bottles were not clean and dry or that the sample got contaminated
with colour due to improper sampling procedure
explained to both the accused when they
were examined under section 313 Cr.P.C. Accused Mafidul Islam
while denying the evidence has stated that ... NDPS Act at
the spot. He also denied any sealing and sample proceeding being
conducted in his presence. He stated that he had came
draw representative samples of
such drugs or substances, in the presence of such
Magistrate and certifying the correctness of any list of
samples so drawn ... draw representative samples of such
substances in the presence of the Magistrate and to
certify the correctness of the list of samples so
drawn
slab. He
has also unable to answer clearly as to what sampling procedure was
followed by the IO Ajay Kumar. The third witness ... examination in his chief has not described
the seizure and sampling procedure in detail. The aforementioned
lacunae in the depositions of the members
sample. He
contended that the Food Inspector did not use the clean and dry Jhaba in the
sample proceedings nor the sample bottles were made ... used in the
sample proceedings was provided by the vendor and the Jhaba and the sample
bottles used in the sample proceedings were already clean
proper mixing the sample commodity with the help of
clean and dry Jhaba lifted the sample and there is no specific
procedure provided ... directions several
times. Ld. Defence counsel failed to show how the sample procedure
was wrong, even a suggestion to this effect was not given
sampling.
19. The main contention of the accused is that a representative sample
was not taken and a bad sampling procedure was adopted in this ... experts do show that the sample was not a representative one or
that a bad sampling procedure has been adopted by FI and hence
accused has argued that a representative sample
was not taken and FI has adopted a bad sampling procedure due to which there
are variations ... contention of the accused is that a representative sample
was not taken and a bad sampling procedure was adopted in this case hence,
there
accused has argued that a representative sample
was not taken and FI has adopted a bad sampling procedure due to which there ... sample was not taken properly.
17. The first contention of the accused is that a representative sample
was not taken and a bad sampling procedure
5.2012 vs . on 23 March, 2023
IN THE COURT OF SHRI ARUL VARMA, ASJ-04
