send
the second sample. But Excise inspector
submitted a report to the effect that only one
sample was prepared and second sample could ... samples and production of the second
sample before the court and in the absence of
collection of second sample there is a violation
of procedure
Chapter
7 of the Rules which deals with the "Procedure in taking samples
W.A. No.794 of 2015 11
from Toddy Shops ... competent to take samples,
prescribes the manner in which such samples are to be taken,
stipulates the quantity of the samples to be taken
fact that
a slight difference in the weight of the sample
2024:KER:60316
BAIL APPL. NO. 5385 OF 2024
7
may not be held ... near future.
There was also an issue
of non-compliance with
sampling procedures
under Section 52A .
2. Jaseer S.M. v. Single Bench
that the
Magistrate has to forward the samples to the laboratory
without any delay and as the samples in the case on hand
were seized ... that has been
received by the laboratory, which proves that the
sampling procedure adopted is erroneous. These acts
have caused prejudice to the petitioners. Hence
ORDER
The application is filed under Section 439 of Code
of Criminal Procedure by the sole accused in
O.R.No.7/2023 ... Judicial
First Class Magistrate Court - II, Ernakulam and
completed the sampling procedure, and send the
samples for chemical analysis. Based on reliable
information, the accused
rendered interpreting the
provisions of the Kerala Abkari Act, 1077 . The sampling
procedure followed by the officer concerned under both the Acts
are more ... sample seal being provided, it is certified that
the seal of the sample cover was intact and that it tallied with the
sample seal provided
Drawing of sample.- (1) In all cases, the
sampling officer shall personally superintend the drawing of
the sample and the sample shall be drawn ... quality of the material) emanating from such irregular procedure
adopted by a sampling officer is likely to result in a serious
consequence of deprivation
quashed under Section 482 Cr.P.C.
3. Petitioners are aggrieved by the procedure adopted while sending the
sample of toddy for chemical analysis, which ... cases, the sample of preservative used has not been sent
to the forensic laboratory separately with each sample of contraband. Several
samples of contraband were
quashed under Section 482 Cr.P.C.
3. Petitioners are aggrieved by the procedure adopted while sending the
sample of toddy for chemical analysis, which ... cases, the sample of preservative used has not been sent
to the forensic laboratory separately with each sample of contraband. Several
samples of contraband were
quashed under Section 482 Cr.P.C.
3. Petitioners are aggrieved by the procedure adopted while sending the
sample of toddy for chemical analysis, which ... cases, the sample of preservative used has not been sent
to the forensic laboratory separately with each sample of contraband. Several
samples of contraband were
