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
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
taken
sample from each of the 04 bags contained in each of the 09
bags and after homogenously mixing those 04 samples, 02
samples ... sample drawn
would be a true representative sample of the contraband
recovered, can be answered by the chemical analyst, who
analyses the sample and gives
procedure was the standard procedure prescribed in law at
the time of import. The Appraising manual relied upon has nowhere
prescribed such procedure ... drawing of samples from the
same sub lots. The appellant therefore, submits that the sampling not having
been done as per the procedure laid down
there is a violation of direction of Apex Court regarding the
sampling procedure. The first courier which was recovered by the
NCB officials contained ... taken the sample from each lace roll, rather sample was
taken from only one lace roll, thus, violating the sampling procedure.
E. The learned counsel
1612 of 2019
submit that the sampling procedure was not done in accordance
with the Standing Order No. 01/ 1988 dated 15.3.1988 according to
which ... dated 15.3.1988. No question has been put regarding non-
compliance of sampling procedure. Further, from evidence of this
witness, it is quite vivid that total
1612 of 2019
submit that the sampling procedure was not done in accordance
with the Standing Order No. 01/ 1988 dated 15.3.1988 according to
which ... dated 15.3.1988. No question has been put regarding non-
compliance of sampling procedure. Further, from evidence of this
witness, it is quite vivid that total
