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Wali Hassan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Mr. Daya Shankar Mishra, learned Senior Advocate assisted by Mr. Abhishek Mishra, learned counsel for the applicant and learned A.G.A. for the opposite party-State.
2. The present criminal misc. bail application has been filed on behalf of applicant-Wali Hasan to release him on bail in Case No.1392 of 2019, under Sections 8, 20, 29, 60 and 3 of N.D.P.S. Act, Police Station-Baradari, District-Bareilly.
3. Learned Senior Counsel on behalf of the applicant submitted that sub-Inspector lodged a first information report on 17.11.2019 against the applicant and two others with the allegation that on the basis of information received, first informant seized a truck on 17.11.2019 at 12:45 hours, which was alleged to be driven by applicant and carrying 91 packets of Ganja weighting about 201 K.G. He further submitted that 91 packets of alleged contraband (Ganja) in 8 Bags (Bora) was alleged to be recovered from inside of truck but only 1 packet weighting 1 K.G. (Ganja) out of 91 Packets was sent for chemical examination so utmost 1 K.G. can be said to be Ganja but remaining 200 K.G. cannot be said to be Ganja or any other contraband unless there is proper sampling and its ch
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.
court while considering the application for bail with reference to Section 37 of the Act is not called upon to record a finding of not guilty.
The court held that the procedure adopted with respect to contraband in the present case is not defective in nature at this stage and that the applicant will get ample opportunity to show that the sa....
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 main legal point established in the judgment is the need for substantial compliance with the guidelines and the mandatory nature of statutory instructions, as well as the criticism of the failure....
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....
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....
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