Point of Law: Jaswinder Singh and Another vs. State of Punjab, 2012 Law Suit (P&H) 5446 wherein sampling of packets has been well considered. Counsel in this regard has also tried to place reliance upon the judgment given earlier by the preceding Bench of this Court in the case of Haider Ansari vs. State of U.P. wherein it was submitted that The Narcotic Control Bureau, New Delhi by issuing standing Instruction No. 1/88 has laid down the standards of procedure to be followed in the matters of recovery of contraband substances and taking of their samples. These instructions have been issued with a view to bring uniformity of approach in such matters and also to provide for a secure system of handling of drugs' samples which is to standardise the procedure with regard to drawing, forwarding and testing of samples.

JUDGMENT :

GAUTAM CHOWDHARY, J.

1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.

2. The present bail application has been filed on behalf of the applicant, Bahadur Prasad, with a prayer to release him on bail in Case Crime No. 0282 of 2019, under Sections 8/20 N.D.P.S. Act, Police Station-Kotwali, District-Ballia, during pendency of trial.

3. The submission advanced by learned counsel for the applicant is that the quantity of the material obtained from the possession of the applicant is that 27 packets (amounting 1 quintal 70 kgs) of the contraband material was found but the sample has not been taken from each packet and hence it could not be said that the amount of contraband material obtained is of such quantity as has been shown by the police. It is also submitted that there is no eye witness present of the alleged incident. Further contention is that the statutory provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 have not been complied with in the right manner. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 12.07.2019.

4. In support of his argument, learned counsel for the applicant has placed reliance upon the judgment of Jaswinder Singh and Another vs. State of Punjab, 2012 Law Suit (P&H) 5446 wherein sampling of packets has been well considered. Counsel in this regard has also tried to place reliance upon the judgment given earlier by the preceding Bench of this Court in the case of Haider Ansari vs. State of U.P. wherein it was submitted that The Narcotic Control Bureau, New Delhi by issuing standing Instruction No. 1/88 has laid down the standards of procedure to be followed in the matters of recovery of contraband substances and taking of their samples. These instructions have been issued with a view to bring uniformity of approach in such matters and also to provide for a secure system of handling of drugs' samples which is to standardise the procedure with regard to drawing, forwarding and testing of samples. The relevant portions of the said instructions are being reproduces herein-below:-

“1.5. Place and time of drawal of sample:

“Samples from the Norcotic 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 a mention to this effect should invariably be made in the panchnama drawn on the spot.”

1.6. Quantity of different drugs required in the sample:

“The quantity to be drawn in each sample for chemical test should be 5 grams in respect of all norcotic drugs and psychotropic substances except 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 should be taken for the duplicate sample also. The seized drugs in the packages/containers should be well mixed to make it homogenous and representative before the sample in duplicate is drawn.”

1.7. Number of samples to be drawn in each seizure case

“(a) In the case of seizure of a single package/container one sample in duplicate is to be drawn. Normally it is advisable to draw one sample in duplicate from each package/ container in case of seizure of more than one package/container.

(b) However, when the package/containers seized together are of identical siz