TaxTMI 
TaxTMI 
2021 (4) TMI 925
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....h reached the IGI Airport, Terminal-3, New Delhi at around 08:30 a.m. Enquiries were made from IGI Airport custom officials as well as Emirates Airways staff with regard to Flight No. EK 510 and on arrival of flight passports of all the passengers were checked. Petitioner having passport No. A02601093 was identified and when he reached at custom counter, the NCB team introduced themselves and the secret information was shared with him. Thereafter, notice under Section 50 of the NDPS Act was served upon the petitioner and procedure prescribed therein was explained to him. He was taken to the CISF room where his baggage was physically examined but nothing incriminating was recovered there-from. 3. As per the prosecution, petitioner was offered tea and snacks at the Airport but he refused to eat and drink and upon enquiry, he disclosed that he was carrying some pellets/capsules of drugs in his stomach and so he does not want to eat and drink anything. Thereafter, Notice under Section 67 of NDPS Act was served upon him and he agreed to accompany the NCB team to their office where he tendered his voluntary statement in his own handwriting, wherein he disclosed having swallowed pellets/....
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.... with the help of field testing kit and these were positive for cocaine. 8. Since all 65 pellets/capsules were of same size, packaging, texture, colour and property, these were mixed properly and homogenously and were transferred into a transparent polythene packet and upon weighing, it came out to be 1.320 kg. Two samples of 5 gram each were drawn and put inside two separate zip lock pouches, which were again put inside two separate white colour paper envelopes and were marked. The packing material of 65 polythene pellets/capsules in which recovered cocaine was wrapped, were put inside a separate polythene packet. The transparent packet containing cocaine and the polythene packet containing packaging material were put together and further kept and stitched in a white marked cloth and tied with plastic sutli and were marked. The entire proceedings of search and seizure were concluded in a cordial manner, following due procedure of law. 9. Subsequently, petitioner was arrested on 31.03.2015 and after completion of investigation, the complaint under Section 21/23 of NDPS Act was filed before the learned trial court on 28.09.2015. The learned trial court vide order dated 30.03.2016 ....
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.... sample also. The seized drugs in the packages/containers should be well mixed to make it homogeneous and representative before the sample in duplicate is drawn. 1.7 Number of samples to be drawn in each seizure case- (a) In the case of seizure of single package/container one sample in duplicate is to be drawn. Normally it is advisable to draw one sample in duplicate from each package/container in case of seizure of more than one package/container. (b) However, when the package/container seized together are of identical size and weight, bearing identical markings and the contents of each package give identical results on colour test by U.N. kit, conclusively indicating that the packages are identical in all respect/the packages/container may be carefully bunched in lots of 10 packages/containers may be bunched in lots of 40 such packages such packages/containers. For each such lot of packages/containers, one sample in duplicate may be drawn. (c) Where after making such lots, in the case of Hashish and Ganja, less than 20 packages/containers remains, and in case of other drugs less than 5 packages/containers remain, no bunching would be necessary and no samples need be drawn....
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....hat the packages are identical in all respects, the packages/containers may be carefully bunched in lots of 10 packages/ containers/ except in the case of ganja and hashish (charas), where it may be bunched in lots of 40 such packages/containers. For each such lot of packages/containers, one sample (in duplicate) may be drawn. 2.6 Whereafter making such lots, in the case of hashish and ganja, less than 20 packages/containers remain, and in the case of other drugs, less than 5 packages/containers remain, no bunching will be necessary and no sample need to be drawn. 2.7 If such remainders are more in the case of other drugs and substances and 20 or more in the case of ganja and hashish, one more sample (in duplicate) may be drawn for such a reminder package /container. 2.8 While drawing one sample (in duplicate) from a particular lot, it must be ensured that representative sample are in equal quantity is taken from a package/container of that lot and mixed together to make a composite whole from which the samples are drawn for that lot. 2.9 The sample in duplicate should be kept in heat sealed plastic bags as it is convenient and safe. The plastic bag container should be kept....
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....o petitioner, the deposition of this witness falsify the case of respondent/NCB. Reliance was also placed upon deposition of PW3 Ajay Sharma, Assistant Chemical Examiner, CRCL, Delhi in support of petitioner's case. 17. It was further submitted that procedure prescribed under Section 50 of NDPS Act has not been complied with, as no Gazetted Officer/Magistrate was called at the time of search and even notice under Section 50 contained overwriting on the reply of petitioner. Further submitted that despite knowing that petitioner was concealing narcotic in his stomach and NCB own admission that petitioner felt discomfort, he was first taken to NCB office for recording of statement and thereafter, hospital. No record or name of the doctor in whose presence these capsules were ejected at different intervals of time and in whose custody capsules remained from 29.03.2015 till 31.03.2015 and even discharge summary is silent on this aspect. The Panchnama prepared for seizure of contraband does not mention the name of the medical officer or doctor or Chief Medical Officer and none of these witnesses have been cited by respondent/NCB. Moreover, petitioner had retracted from his statement at ....
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....nd of trial, the present petition deserves to be dismissed. 24. The rival contentions raised by both the sides have been heard at length and material placed on record has been perused. 25. It has been categorically stated in the complaint in question that notice under Section 50 of the NDPS Act was issued to the accused Bobby Collins Anagor by Sh. B.L.Bairwa, IO, NCB and he was also explained of his legal rights that if he desires his search can be conducted before a Magistrate or a Gazetted officer to which he denied and also wrote the same on the Notice under Section 50 of the NDPS Act. It is further noted that Sh.CSK Singh, IO offered their personal search to petitioner, to which also he refused. Thereafter, petitioner was taken to the CISF room where his baggage was physically examined but nothing was recovered from his personal search. 26. With regard to compliance under Section 67 of the Act, it has been averred in the complaint that once the accused/petitioner disclosed carrying pellets/ capsules in his stomach, he was served with notice under Section 67 of the Act, on which he requested the NCB officers to take him to NCB office to enable him to tender his voluntary stat....