same could not relied upon to
reach the conclusion that the sampling procedure was done at the
airport in the manner as described ... deposed that the
samples were not tampered with in the Malkhana.
23. As stated earlier, the conclusion that the sampling procedure
was not carried
bags was mixed up and two samples
of 500 gms. each were taken out therefrom. Seizure and
sampling procedure was completed ... arguments for assailing the
conviction of the appellant :-
1. That the sampling procedure adopted by the seizure officer
Shri Saurabh Tiwari is faulty because instead
considering the procedures and rules which were
produced by the learned Government Advocate to establish the
procedure for taking the DNA samples and its preservation ... counsel for the
appellant about the safe custody of the samples and the procedure
15 CRA No. 458/2019
CRRFC No. 02/2019
adopted
above samples should reach the laboratories
for testing preferably within 10 days of the collection of
the samples.
xx xx xx
2.5 General procedure ... sample completely knocks down
10
the stand of the appellants that the samples have failed in the test,
as the authenticity of the samples taking
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
premises.
He alone can inspect, seize and remove objectionable
material. The procedure of sampling has also to be carried
out only by such authorized officer ... required by sub clause (B) were also not recorded. The
procedure for sampling prescribed under clause 5 is also
found to be violated
2002-2007 dated 14.06.2004,
the DGFT has modified the procedure for sampling of imported
edible/Food Products.
7. Accordingly, the procedure of clearance of food ... among the field formations with regard to re-testing of samples,
the following procedure is prescribed:
a. Customs officers may draw the samples from import
case of non-receipt of such procedure, on request, the sample may
be tested as per method of analysis available with the Government
analyst ... said sample
and sent a report in Form 13 dated 28.08.2012 stating that the sample
was tested under BP method and the said sample contains
2002-
2007 dated 14.06.2004, the DGFT has modified the
procedure for sampling of imported edible/Food Products.
7. Accordingly, the procedure of clearance of food ... among the field formations with regard to re-testing of samples,
the following procedure is prescribed:
a. Customs officers may draw the samples from import
2002-
2007 dated 14.06.2004, the DGFT has modified the
procedure for sampling of imported edible/Food Products.
7. Accordingly, the procedure of clearance of food ... among the field formations with regard to re-testing of samples,
the following procedure is prescribed:
a. Customs officers may draw the samples from import
