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ANISH DAYAL
Betty Rame – Appellant
Versus
Narcotics Control Bureau – Respondent
JUDGMENT
CRL.M.(BAIL) 1324/2022 IN CRL.A. 338/2021
1. This application has been filed seeking regular suspension of sentence in Crl. A. 338/2021 filed by the appellant assailing the judgment of conviction dated 25th August 2021 and order on sentence dated 28th August 2021 passed by the Ld. ASJ, Patiala House Courts in FIR No. VIII/09/DZU/2018 P.S. NCB. The appellant has been convicted and sentenced to RI for 10 years with a fine of Rs.1 lakh for the offence punishable under sections 22 (c) and 23 (c) NDPS Act. The appellant is a 38 years old lady who is a citizen of Zimbabwe and has already undergone 4 years, 11 months and 18 days in custody as per Nominal Roll dated 20th March, 2023.
2. Briefly, the prosecution case is that pursuant to secret information received on 2nd April, 2018 at about 7:30pm, one NCB team was constituted which apprehended one Zimbabwean lady on 2nd April, 2018 at about 8:30 pm at Terminal 1D, IGI Airport, New Delhi, who was going to board 9:40 pm IndiGo Flight No. 6E-505 inbound to Goa and on search of her baggage, two polyethene were recovered in each cavities containing crystalline substance. The colour, texture and property of material from both concealm
Sampling of contraband – Issue of improper sampling would have to be considered carefully at the time of adjudication of appeal.
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....
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....
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 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 that the defective sampling procedure at the time of recovery and seizure of contraband can be challenged during the trial before the Special Judge....
Non-compliance with Section 52A of the NDPS Act, requiring samples to be drawn and certified by a Magistrate, vitiates the trial as it fails to produce primary evidence.
Failure to comply with mandatory sampling procedures under Section 52A of the NDPS Act invalidates the prosecution's case, leading to acquittal.
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