AI Overview...
- Samples Taken at the Spot - Main points and insights:
- Samples are generally taken at the spot or office, as per Section 52-A of the NDPS Act, and are sealed, labelled, and documented in panchnama reports. For example, in Santosh Pandurang Parte VS Amar Bahadur Maurya - Bombay, samples A1 to L1 were taken at the spot and sent for analysis.
- The number of samples varies; often only one or two samples are taken from each bag, even when multiple bags contain contraband. In Nathiya VS State - Crimes, only 31 samples were taken from 301 bags, raising questions about the representativeness.
- Proper procedure is emphasized: samples should be drawn separately from each bag to establish possession and prevent contamination or mixing, as highlighted in Rahul VS State Of Rajasthan - Rajasthan and VINCENT Vs STATE OF KERALA - Kerala.
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There are instances where samples were taken from mixed contents, which could impact the integrity of evidence, as discussed in FIROZ K.M, Versus STATE OF KERALA, - Kerala.
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Analysis and Conclusion:
- The courts generally recognize that samples must be taken properly and separately from each container to uphold the prosecution's case. Improper collection, mixing, or inadequate sampling can undermine the evidence, as seen in Rahul VS State Of Rajasthan - Rajasthan, Devi Lal VS State of Rajasthan - Rajasthan, and VINCENT Vs STATE OF KERALA - Kerala.
- The law permits taking samples at the spot or office, but adherence to proper procedures is crucial. Any deviation, such as mixing contents or taking fewer samples than bags, can be grounds for challenging the evidence.
- Overall, the sampling process is critical in establishing possession and the quantity of contraband, and procedural lapses can lead to acquittal or doubt about the evidence's reliability Rahul VS State Of Rajasthan - Rajasthan, Devi Lal VS State of Rajasthan - Rajasthan.
References: - Santosh Pandurang Parte VS Amar Bahadur Maurya - Bombay - Nathiya VS State - Crimes - Rahul VS State Of Rajasthan - Rajasthan - FIROZ K.M, Versus STATE OF KERALA, - Kerala - VINCENT Vs STATE OF KERALA - Kerala - Devi Lal VS State of Rajasthan - Rajasthan
Search Results for "Samples to Taken each Bags of Ndps"
2023 0 Supreme(Bom) 2336 • India - Bombay
S. M. MODAK
Section 52 -A of the Narcotic Drugs and Psychotropic Substances Act, what was said to the Chemical Analyzer was that samples taken at the spot and not before learned Magistrate. ... Whereas as per letter dated 13.05.2021, the samples were sent to the Central Forensic Science Library are A1 to L1. They are taken at the spot/office. Whereas Chemical Analyzer report is on page No.146. It talks about samples which were taken at the spot/office i.e. A1 to L1. ... Ultimatel....
• India - Crimes
R.S.VERMA
there were in all 301 bags - However, only 31 samples were taken Why samples could not be taken from the other bags could not be ... explained at all - Bags from which samples were not taken, cannot be said to contain contraband as claimed by the prosecution. ... taken by him - Legislature never contemplated that the articles or the samples recovered under the provisions of the Act may be ... Acco....
2022 0 Supreme(Raj) 1834 • India - Rajasthan
VIJAY BISHNOI
The court examines the seizure memo and concludes that the Seizure Officer may have taken separate samples from the bags. ... The court examines the procedure for taking samples and concludes that the Seizure Officer may have taken separate samples from the ... The petitioner argues that the witness did not follow the established procedure for taking samples. ... Learned Public Prosecutor is right in saying that when the poppy straw was not found in bags#HL_....
2024 Supreme(Online)(KER) 18282 • India - High Court of Kerala
MOHAMMED NIAS C.P., J
It is not necessary that police should have taken two samples each from the two bags. ... Issues: Whether the mixing of contraband violates Section 52A of the NDPS Act. ... State of Punjab to hold that mixing of contents of two bags does not cause prejudice to the accused. ... State of Punjab [2012 (4) KLT SN 117], that mixing of contents of two bags does not cause prejudice to the accused. It is not necessary that police should have taken two samples#HL....
2022 Supreme(Online)(KER) 43568 • India - High Court of Kerala
GOPINATH P, J
Finding of the Court: The court found that the method of drawing samples was appropriate under the NDPS Act, as the ... separate samples from each bag are necessary for proving possession. ... Fact of the Case: The petitioner was accused of possession of 141 kgms of ganja packed in sixty bags while traveling ... It is submitted that without taking samples from the separate bags in the car, the Excise Officials only taken samples after mixing the ....
2014 0 Supreme(Del) 2597 • India - Delhi
S.MURALIDHAR
, and preservation of samples under Section 55 NDPS Act. ... at the railway station, and preservation of samples under Section 55 NDPS Act. ... evidence of the raiding officer to be unreliable in fixing the identity of the accused and raised doubts about the preservation of samples ... The samples were taken from each of the bags and then sealed and labelled. The panchnama was prepared and read by both the accused and they signed on all pages and ann....
2010 0 Supreme(Raj) 2099 • India - Rajasthan
KAILASH CHANDRA JOSHI
Narcotic Drugs and Psychotropic Substances Act, 1985 – S. ... Two samples weighing 30 gms. each were taken out from the said bags and thereafter , after investigation, charge sheet was presented against the accused appellant. ... The SHO, Police Station, Rathanjana, recorded the information under section 42 of the NDPS Act and forwarded it to the higher officers. ... The SHO, Police Station , Rathanjana proceeded to the field with the accused appellant Ambalal and there the accused dug the field from wh....
1999 0 Supreme(Bom) 699 • India - Bombay
S.S.PARKAR
sample from three bags was taken and sent to the CA. for analysis instead of three samples-Doubt created as to whether all the three ... Section 20(b)-Bombay Prohibition Act (25 of 1949), Section 66(1)(b) --Conviction of accused under Section 20(b) of NDPS Act and Section ... 66(1)(b) of Bombay Prohibition Act for carrying ganja-Muddemal was seized from three persons carrying three separate bags-Only one ... When the muddemal was seized from three persons carrying three separate #HL_ST....
2023 0 Supreme(Raj) 2056 • India - Rajasthan
FARJAND ALI
must establish guilt beyond a reasonable doubt and adequately demonstrate the presence of contraband in every package from which samples ... Court concluded that the prosecution had not met its burden of proof on the contraband's legitimacy due to improper collection of samples ... (A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 8, 32-A, and 37 - Conviction of the applicant under NDPS Act for ... ; all the samples of 100 grams each collected from separate bags were m....
2011 0 Supreme(Raj) 1516 • India - Rajasthan
VINEET KOTHARI
Narcotic Drugs and Psychotropic Substances Act, 1985 – S. ... The said 10 bags of 'Post Chura' were weighed and found to be of 3 quintals and 80 kgs in weight and same were seized and samples were taken. The driver of the jeep Mahaveer Prasad denied of having any permit to carry said 'post chura' (NDPS Article). ... When the said jeep No.HRU 1152 was stopped, four persons were found sitting at the front seat of the jeep and back of the jeep was loaded with bags (Bori), which on checkin....
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