Representative sampling in NDPS seizures is mandatory; mixing contents of multiple packets can vitiate the prosecution case.

In an NDPS seizure involving multiple packets, the Court held that samples must be drawn in accordance with the statutory procedure and applicable Standing Orders. Mixing the entire contents of all packets before sampling was treated as a defective process because it destroyed the separate identity of each packet and produced non-representative samples. The Court also noted the absence of examination of independent witnesses, which added to the evidentiary infirmity. On these facts, the prosecution case was not proved beyond reasonable doubt, the conviction could not be sustained, and the appellant was entitled to acquittal.

---

---

Issues: Whether the conviction could be sustained where, in a seizure involving multiple packets of suspected narcotic substance, the investigating agency mixed the contents of all packets before drawing samples, instead of drawing representative samples in the manner prescribed under the NDPS Act and the applicable Standing Orders.

Analysis: The seizure involved four separate packets concealed in four spring machines. The sampling procedure required compliance with the statutory scheme and the Standing Orders governing seizure and sampling. The prescribed procedure contemplated sampling from each packet, or in the case of permissible bunching, drawing representative material from each packet in the lot and then mixing those representative portions, not mixing the entire contents of all packets together. The procedure followed by the investigating agency destroyed the distinct identity of each packet and rendered the samples non-representative. The Court also noted the absence of examination of the independent witnesses and held that the defective sampling created a serious evidentiary infirmity. In these circumstances, the prosecution evidence did not inspire confidence beyond reasonable doubt.

Conclusion: The conviction could not be sustained and the appellant was entitled to acquittal.

Ratio Decidendi: In an NDPS seizure involving multiple packets, the contents of the packets cannot be indiscriminately mixed before sampling; representative sampling must be drawn in accordance with the statutory procedure and Standing Orders, and failure to do so may vitiate the prosecution case.

---