NDPS Act provides the
procedure for disposal of seized narcotic drugs and psychotropic substances
including the procedure for sampling. For ready reference, Section ... mixed together, and thereafter
sample drawn from such composite whole of samples.
19. In the present case, the above procedure has been completely
violated
NDPS Act provides the
procedure for disposal of seized narcotic drugs and psychotropic substances
including the procedure for sampling. For ready reference, Section ... mixed together, and thereafter
sample drawn from such composite whole of samples.
19. In the present case, the above procedure has been completely
violated
applicant by the alleged irregularity in the seizure and procedure of
sampling would be tested during the trial.
19. He submitted that Coordinate Bench ... learned Magistrate and delay in sending of samples
to FSL;
b) Sampling not done as per the procedure established by law as
the sample
application.
Submissions on behalf of Applicant
7. Improper Sampling: Counsel for applicant contended that
sampling procedure followed by the Customs Officers was improper, in
Signature ... seized contraband
therefore, was at least four times that quantity.
Sampling Procedure
17. The first objection has been taken of the sampling procedure where
mixed together, and thereafter sample drawn from such composite
whole of samples.
19. In the present case, the above procedure has been completely
violated ... based on the alleged seizure and sampling.
28. In the present case, prima facie the sampling procedure
followed by the prosecution was not in conformity
mixed together, and thereafter sample drawn from such composite
whole of samples.
19. In the present case, the above procedure has been completely
violated ... based on the alleged seizure and sampling.
28. In the present case, prima facie the sampling procedure
followed by the prosecution was not in conformity
sampling. Further, the
samples were drawn in the presence of the petitioner and his counsel,
photography of the inventory has been done and two samples ... process of sampling has to be in accordance with Section 52A of the NDPS
Act. Any deviation so made in the sampling procedure, shall
that
in identical circumstances, this Court has held that the above
sampling procedure would not be proper and it cannot be ruled
out that ... number of samples whereas total 32 number of
samples ought to have been taken.
xxxxx
7. Considering the above facts where
sampling was not done
NDPS Act provides the procedure for disposal of seized
narcotic drugs and psychotropic substances including the procedure for
sampling. For ready reference, Section ... mixed together, and thereafter
sample drawn from such composite whole of samples.
19. In the present case, the above procedure has been completely
violated
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
