Sampling from identical cough syrup bottles was upheld at bail stage; NDPS safeguard objections were left for trial.

In bail proceedings concerning recovery of identical phensedyl codeine cough syrup bottles, the Court held that separate sampling from each bottle was not necessary at the bail stage where the bottles were the same size, carried the same batch numbers and were prepared under the same formulation. On that basis, the sampling process was not treated as infirm. The Court also observed that the objection based on Section 50 of the NDPS Act was a matter for trial, not a ground to grant bail at that stage. The bail plea was rejected.

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Issues: Whether the alleged infirmity in drawing samples from the recovered cough syrup bottles, and the asserted non-compliance with the NDPS safeguards, furnished a ground for bail.

Analysis: The application arose from recovery of a large number of identical phensedyl codeine cough syrup bottles said to constitute commercial quantity. The Court held that where the seized bottles were of the same size, bore the same batch numbers, and were prepared under the same formulation, it was not necessary at the bail stage to draw a separate sample from each bottle. On that reasoning, the sampling process was not found infirm. The Court further noted that the contention regarding Section 50 of the NDPS Act was a matter for trial.

Conclusion: The bail plea was rejected, as no legal infirmity in the sampling process was found and the other objections were left to be tested in trial.

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