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AMIT SHARMA
Gauri Shankar Jaiswal – Appellant
Versus
Narcotics Control Bureau – Respondent
JUDGMENT
Amit Sharma, J.
1. The present application under Section 439 of CrPC seeks grant of regular bail in NCB File no. VIII/30/DZU/2018 under Sections 20/23 of NDPS Act, registered at PS NCB.
2. Briefly stated, the case of the prosecution is as below:
i. Upon receipt of information on 01.10.2018 that one parcel bearing Airway Bill No. 7578646180 booked for Hong Kong, and lying at the DHL Express Pvt Ltd is suspected of containing narcotic drugs, the said parcel was searched. Upon opening of the same, 10 copper flower pots were found with the total weight of three parcels being 63 kgs, i.e., 25+25+13 kgs. On further scrutiny, the copper flower pots were found to contain 40 (16 +16+ 8) dark brown coloured semi solid rectangle shaped pieces, which were identical in nature, color and smell and each piece on testing gave positive result for charas.
ii. The aforesaid contraband was seized in the presence of independent witnesses vide Panchnama dated 01.10.2018. It is pertinent to mention that the total quantity of contraband substance weighted 19.90 kgs of charas. It is pertinent to state that for the purpose of sampling, it was alleged that since all the recovered 40 pieces were of th
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 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 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 reaffirmed that non-compliance with procedural safeguards under the NDPS Act, particularly Section 52A, does not automatically entitle an accused to bail; the court must still find reasonab....
Sampling of contraband – Issue of improper sampling would have to be considered carefully at the time of adjudication of appeal.
Seizure of contraband drugs – Even if it is shown that procedure under Section 52A of NDPS Act is not followed, accused does not automatically become entitled to bail as a matter of right.
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....
Bail application – Seizure of Ganja – Where collection of sample itself is faulty, rigours of Section 37 of NDPS Act will not be applicable.
Non-compliance with procedural rules does not automatically render actions null and void, and the prosecution must prove the guilt of the accused beyond reasonable doubt.
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