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2023 Supreme(Del) 3808

AMIT BANSAL
Ginkala Meddilety – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Karan Verma, Mr. Nayan Maggo and Ms. Sushma Sharma, Advocates, for the Petitioner.
Mr. Ritesh Kumar Bahri, APP, for State. SI Avdhesh Dixit, PS Crime Branch.

JUDGMENT

Amit Bansal, J. (Oral)

1. By way of the present application, the applicant seeks bail in FIR No.145/2020 dated 24th September, 2020, under Sections 20/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), registered at Police Station Crime Branch, Delhi.

2. On 24th September, 2020, based on secret information received, a truck carrying 275 kilograms of Ganja was apprehended by the police and recovery of the aforesaid Ganja was taken into police possession through a seizure memo. Thereafter, the present FIR was registered with the Crime Branch.

3. Counsel appearing on behalf of the applicant submits that in the present case, the Crime Branch has not adopted the procedure for taking samples as mandated in the Standing Order 1/88 dated 15th March, 1988 (hereinafter `Standing Order'), issued by the Narcotics Control Bureau (NCB), in as much as out of the 55 packets of Ganja seized, the investigating agency has mixed the quantities contained in 5 packets into 1, thereby converting a total of 55 packets into a total of 11 packets. He further submits that the seizure was not made in the presence of the applicant.

4. Reliance in this regard has been pla

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