https://www.taxtmi.com/caselaws?id=458414 Defective sampling in narcotics seizure can justify suspension of sentence pending appeal where the sample is not shown to be a true representative sample and the Standing Orders on seizure and sampling are not meaningfully complied with. The Court noted that contents of two separately recovered packets were mixed before sampling, the results of both samples were not fully on record, and the sampling process was central to proving the nature and quantity of the substance. It also considered that the appellant had already undergone more than half of the sentence and that the appeal was unlikely to be heard soon. On these facts, sentence suspension pending appeal was granted, with bail during the pendency of the appeal subject to conditions. en-us Tue, 30 May 2023 00:00:00 +0530 Fri, 25 Oct 2024 20:09:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458414 Defective sampling in narcotics seizure can justify suspension of sentence pending appeal where the sample is not shown to be a true representative sample and the Standing Orders on seizure and sampling are not meaningfully complied with. The Court noted that contents of two separately recovered packets were mixed before sampling, the results of both samples were not fully on record, and the sampling process was central to proving the nature and quantity of the substance. It also considered that the appellant had already undergone more than half of the sentence and that the appeal was unlikely to be heard soon. On these facts, sentence suspension pending appeal was granted, with bail during the pendency of the appeal subject to conditions. Case-Laws Indian Laws Tue, 30 May 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458414