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JASMEET SINGH
Santosh – Appellant
Versus
State Of Delhi – Respondent
JUDGMENT :
JASMEET SINGH, J
1. This is an application seeking grant of bail in FIR No.482/2019 under Section 21 of NDPS Act registered at PS Bharat Nagar, Distt. North West.
2. The FIR states that the applicant was apprehended at B-123 Block, J.J. Colony, Wazirpur. On her search, 33.59 gram of smack was found in 258 pouches.
3. As per the FIR, it is stated that the contraband from the 258 pouches was mixed and thereafter samples were drawn. Thereafter, notice under Section 50 was issued and thereupon proceedings were conducted.
4. It is stated by Mr. Sharma, learned counsel for the petitioner that as per FIR, it is clear that the samples were mixed by the respondent and hence, the sample itself is vitiated /contaminated. He relied upon the judgment of Coordinate Bench of this Court titled as “Ram Bharose vs. State” in Bail Application No.1623/22 where it has been observed :
“15. In view of the stringent provisions of the NDPS Act, the issue to be considered is whether the procedure specified under the Standing Orders can be flouted.
16. A combined reading of paras of
The importance of following the prescribed procedure for drawing samples as per Standing Order 1/88 in NDPS cases.
Non-compliance with the sampling procedure may affect the prosecution's case, but the final determination of the sampling's validity should be made during the trial.
The court held that the procedure adopted with respect to contraband in the present case is not defective in nature at this stage and that the applicant will get ample opportunity to show that the sa....
The main legal point established in the judgment is that the defective sampling procedure at the time of recovery and seizure of contraband can be challenged during the trial before the Special Judge....
Bail application – Seizure of Ganja – Where collection of sample itself is faulty, rigours of Section 37 of NDPS Act will not be applicable.
The importance of compliance with the Standing Orders for sampling procedure under the NDPS Act and the need to consider reasonable grounds for granting bail in cases involving the liberty of the per....
Non-compliance with mandatory sampling procedures, as prescribed in the Standing Order, may invoke reasonable doubt and prejudice the accused, influencing the grant of bail.
The main legal point established in the judgment is the requirement for proper collection of samples and the consequences of non-compliance with the standing orders and provisions of the Narcotic Dru....
The main legal point established in the judgment is the importance of adherence to strict process under the NDPS Act, the doubt arising from lack of compliance with sampling procedure and Standing Or....
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