sample in question was
tested, the particulars of the sample were checked to make sure that
the same is intact. He affirmed that the sample ... essentially, three-fold. The first relates to whether the
procedure for drawing samples allegedly followed by the complainant
is permissible. Second, whether the substance
sample. Thereafter, the bulk parcel and samples were separately prepared and
sealed by the Investigating Officer with seal impression 'DS'. The sample seal ... Drawal of representative samples.-- While drawing one sample
(in duplicate) from a particular lot, it must be ensured that
representative sample in equal quantity
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
standing instructions 1/88 of the DRI department
containing the procedural safeguards to be followed for a search
and seizure effected under the provisions ... same as a
statement made under Section 161 of the Cr.P.C., unless it is
made under threat or coercion; this being a vital
evidence it is apparent that the I. O. has not followed the procedure prescribed under Sections ... whether the Chemical Analyser received the sample with proper intact seals. It creates a doubt whether the same sample was sent to the Chemical Analyser
disposal in
accordance with the procedure prescribed in Section 52A of
the NDPS Act.
10. The procedure of drawing samples on the spot for
being ... Maharashtra9 took a view that sending the spot samples for
chemical analysis without following the mandatory
procedure under Section 52A of the NDPS Act creates
seizure was made and as per the prosecution case after
following requisite procedure and some black-brown coloured
ball-shaped solid substances (ladoos)
were found ... samples were taken and on the filed,
they were tested with the help of testing kits and positive result
was found. Therefore, the procedure
sending the samples to the Chemical Examiner. As
per the prescribed procedure, representative sample of any contraband after
seizure and deposit in the Malkhana ... keeping them in lots preceded by compliance of the
procedure for drawing samples."
17. This Court in Malkeet Singh alias Kala vs. State
Custody of duplicate sample is provided in clause 1.21
which reads thus:
"1.21. Custody of duplicate sample: Duplicate
sample of all seized narcotic drugs ... sample to be taken is 24 gms for chemical testing. The said
sample is to be drawn in duplicate. Said duplicate sample
must be preserved
weighing without polythene bag, it weighed 920 grams, out of which,
two samples of 10-10 grams each were taken
and filled in separate plastic ... recovered from possession of the appellant
accused and after following proper procedure sample was taken and
test of the muddamal article was also carried
