Reasonable time for NDPS sampling under Section 52A was required; unexplained delay in certification and sample drawing justified bail.

In NDPS matters, Section 52A does not state an express time limit, but a reasonable time requirement is read into it with the sampling guidelines under Standing Order 1/88. An application for Magistrate certification and sample drawing made 51 days after seizure, without any explanation for the delay, was held to be beyond reasonable time. The unexplained delay created a risk of tampering while the contraband remained in departmental custody and vitiated the sampling procedure for bail purposes. The objection was held entertainable at the bail stage, and Section 37 did not bar relief on the facts; bail was granted with conditions.

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Issues: Whether there was violation of Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the applicable sampling guidelines by the unexplained delay in moving the Magistrate for certification and drawing of samples, and whether such violation entitled the applicant to bail.

Analysis: The Court held that Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 does not prescribe an express time limit, but a reasonable time must be read into the provision through a harmonious construction with Standing Order 1/88. It found that an application made 51 days after the last seizure was not within a reasonable time, especially where no justification for the delay was offered. The Court also considered the risk of tampering with seized contraband kept in departmental custody for a prolonged period and held that the unexplained delay vitiated the sample collection procedure for bail purposes. It further held that the objection could be raised at the bail stage and that the rigour of Section 37 did not bar relief on the facts.

Conclusion: The sampling procedure was held to be vitiated for unexplained delay, and the applicant was held entitled to bail.

Final Conclusion: Bail was granted with conditions, and the application was disposed of accordingly.

Ratio Decidendi: In NDPS cases, an application for sampling and certification under Section 52A must be made within a reasonable time, and unexplained delay in doing so can vitiate the sampling process for the purpose of bail.

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