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.

JUDGMENT

1. The applicant vide the present application under Section 439 of the Code of Criminal Procedure, 1973 seeks regular bail in File No. P&I/Del/Seizure/02/2019 registered under Section (s) 8/21/22/28/29/30 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act] at Central Bureau of Narcotics [CBN].

2. As per the complaint, a secret information was received by Sh. D.S. Singh, Superintendent (Prev.) Preventive and Intelligence Cell, CBN on 15.10.2019 at 09:30 AM, that a person namely Surender Kumar, proprietor of RND Distributors (the applicant herein) is engaged in the business of purchasing and selling of illegal/NDPS medicines without bill in his shop bearing Shop no.1 LSC, Block-A, Mangolpuri, Delhi. The secret information was thus forwarded to the concerned superior in compliance of Section 42 of the NDPS Act.

3. Resultantly, a preventive team was constituted which left for conducting raid at the applicant's shop. On reaching there at 13:45 PM, the preventive team along with the independent witnesses went to the applicant's shop and informed him about the secret information and that his shop had to be searched.

4. Before search, the accused was made aware about his rights in compliance with Section 50 of NDPS Act and the preventive team offered their search before the search of applicant and his shop. After search of the preventive team, the search of the applicant's shop was conducted. During the search of the shop of the applicant, 9 types of medicines, alleged to be NDPS medicines, were recovered.

5. The complaint further alleges that during search of the said shop, the preventive team found a broken wall which was the passage to another shop, which was locked. Upon breaking the said lock, in addition to the above, 17 types of NDPS medicines were also found, alleged to be stored by the applicant.

6. Later, the applicant voluntarily disclosed that few medicines containing narcotics substance, were kept in a room on the roof. The search whereof further unearthed 9 types of NDPS medicines.

7. During the raid, many people gathered near the shop which created commotion and further search could not be made possible in that situation. Resultantly, the raiding team loaded the medicines on a truck which proceeded for CBN Office at 09:30 PM. Upon reaching the CBN Office, the medicines were unloaded and segregated batch wise and sampling was done. From the 45 batches of medicines, one sample along with their duplicate was taken out from every batch, marked, packed and sealed with the seal of CBN.

8. Thereupon, the applicant was arrested on 16.10.2019 and after completion of investigation, complaint was filed before the competent Court.

9. Learned counsel appearing for the applicant submits that the applicant has been falsely implicated in the present case. He submits that as no samples were drawn on the spot and the unsealed seized medicines were taken to the CBN Office, the same was in contravention of the Standing Order No.1 of 1988 dated 15.03.1988, which is reproduced hereinunder:

"1.5 Place and time of drawal of sample.-Samples from the Narcotic Drugs and Psychotropic Substances seized, must be drawn on the spot of recovery, in duplicate, in the presence of search (Panch) witnesses and the person from whose possession the drug is recovered, and mention to this effect should invariably be made in the panchnama drawn on the spot."

10. In support of the aforesaid argument, learned counsel places reliance on Amani Fidel Chris vs. Narcotics Control Bureau, 2020 SCC OnLine Del 2080 and Laxman Thakur vs. State (NCT of Delhi), 2022 SCC OnLine Del 4427 to submit that the sanctity of the Standing Order No.1 of 1988 has been upheld and its mandate cannot be blatantly flouted and substantial compliance therewith must be insisted upon, so that sanctity of physical evidence in such cases remains intact.

11. Learned counsel further submits that the drawing of samples at the CBN Office in absence of the Magist