Laxman Thakur VS State (Govt. of NCT of Delhi)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

JASMEET SINGH
Laxman Thakur – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent

Counsel for the Parties:
For the Petitioner:Mr. Aditya Aggarwal, Mr. Naveen Panwar and Mr. Manas Agarwal, Advocates
For the Respondent: Mr. Y.S. Chauhan, APP

JUDGMENT (ORAL)

Jasmeet Singh, J.—This is an application seeking regular bail in FIR No.0021/2022 dated 26.02.2022 u/s 20/29 of the NDPS Act registered at PS Crime Branch.

2. It is stated by Mr. Aggarwal that in the present case, the procedure for collection of sample is faulty and in violation of standing order 1/88 of the guidelines of NCB. To substantiate his arguments, he has drawn my attention to the seizure memo, wherein it has been stated as under:—

“Before the following witnesses at 1st Floor, H.No.RZ-20P/H.No.6, Gali No.Zero, East Sagarpur, two persons from Delhi, Ajit Kumar S/o Sh. Parmeshwar R/o Rasulpur Chhati, Post Chenwa. PS Rasulpur, Distt Chapra, Bihar, Age-26 Years and Laxman Thakur S/o Dharam Thakur R/o Rasulpur Chhati, Post Chenwa, PS Rasulpur, Distt Chapra, Bihar, Age-52 Years were arrested on the basis of mukhbari and searched in compliance with all legal provisions. During the search, person namely Ajit Kumar took off the black pithu bag from the shoulder, which on opening the bag and checking, a total of 6 packets covered with brown color tape were found from the bag and all the packets were found to contain light moisture grassy material with flowers and