Only representative samples of narcotic drugs need to be sent for testing, provided the entire bulk is homogeneously mixed, ensuring adherence to proper sampling procedures.

JUDGMENT :

Mr. Sureshwar Thakur, J.

Since all the criminal appeals/petition involve a substantial question of law relating to whether the whole case property is to be sent or whether a sample is to be sent from each vial or strip of tablets to the FSL for chemical examination, as such, the said common question of law is amenable to be decided through a common verdict.

2. The lead appeal in the bunch of 13 appeal(s)/petition is CRA-S 5190-SB-2015. The relief as claimed in the appeals (supra) is extracted hereinafter.

“That the impugned judgment passed by the Learned Special Court, Sangrur under the Narcotic Drugs and Psychotropic Substances Act 1895 (hereinafter referred to as the Act) is in contravention to the settled tenets of law governing and interdicting the provisions of the Act and thus, finding of conviction recorded by the Trial Court against the Appellants as well as consequential sentence imposed upon the appellants is completely otiose, nugatory and non-est in the eyes of law.”

3. However, before proceeding to determine the validity of the espousal (supra), as raised in the lead criminal appeal (supra), it is deemed imperative to refer to the order of reference made on 02.08.2017, wherebys the Single Bench of this Court after formulating the hereinafter extracted question of law, ordered that the said question of law be decided by a Larger Bench of this Court.

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In the present cases the recovery is of manufactured drug i.e. Rexcof or Phinotil etc. In my view, there is no need to send all the incriminating bottles or tablets to the FSL for examination or to take sample from each vial or strip of tablets. Even in the case of loose tablets, in my view, sample can be drawn by making it homogenous and can be sent to the FSL. If the whole case property is to be sent then there is no purpose for separating of sample from the case property. Even otherwise, the case property is generally produced before the Court or if it is not destroyed during the pendency of the trial, the Court has power to summon the case property to see batch number etc. The case property is also produced before the Court under Section 52-A of the NDPS Act and the Court also draw the representative sample. Therefore, in these circumstances, I find that as a substantial question of law arises whether the whole case property is to be sent or whether sample is to be sent from each vial or strip of tablets to the FSL for chemical examination. As this finding will affect a large number of cases pertaining to the States of Punjab, Haryana and Union Territory, Chandigarh, therefore, the matter is referred for decision by the Larger Bench.

The Registry is directed to put up these cases before Hon’ble the Chief Justice for constitution of Larger Bench.”

4. Consequently, under the orders of the Hon’ble Chief Justice, the instant Larger Bench has been constituted.

5. All the counsels appearing today before this Court have been heard at length.

6. Before proceeding to render an answer to the substantial question of law (supra), the making of allusion(s) to the standing order No.1/89, as drawn by the Government of India, Ministry of Finance (Department of Revenue), is of utmost importance. In clause 2.3 and 2.4 thereof, clauses whereof becomes extracted hereinafter, it becomes elucidated that the quantity to be borne in each sample, thus for a chemical test becoming made thereons at the laboratory concerned, shall not be less than 5 grams in respect of all narcotic drugs and psychotropic substances.

“2.3 The quantity to be drawn in each sample for chemical test shall not be less than 5 grams in respect of all narcotic drugs and psychotropic substances save in the cases of opium, ganja and charas (hashish) where a quantity of 24 grams in each case is required for chemical test. The same quantities shall be taken for the duplicate sample also. The seized drugs in the packages/containers shall be well mixed to make it homogeneous and representative before the sample (in dup