2021 (7) TMI 1207

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....B.L. Bairwa, Intelligence Officer that two passengers may be apprehended with some Narcotic Drugs at IGI Airport. In pursuance of that on 04.03.2018, the intelligence officer along with the team proceeded to IGI Airport and apprehended two persons Taukir Alam and present petitioner Mohd. Yakoob. The baggage of accused Taukir Alam was searched and from the said baggage, two brown colour carton boxes were found and on opening the first carton box, a black colour polythene bag was found in the said box and on the side of the said polythene bag, packets of biri (Bharat Special Company) were kept and in the center, a black colour polythene was lying containing flips of wheat rice and was also containing phensedyl codeine cough syrup 100 ml bottl....

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.... recovered bottle which has not been done in the instant case and this is in complete violation of the sampling procedure and it cannot be said that all the bottles were containing the contraband as alleged. It is further submitted by the Ld. counsel for the petitioner that this violation in drawing the samples is a reasonable ground for the acquittal of the accused. He has placed reliance upon Sujit Tiwari Vs. State of Gujarat and Another 2020 (1) Crimes 141 (SC) and Edward Khimani Kamau Vs. Narcotics Control Bureau 2015 (8) LRC 313 (Del). 6. On the other hand, it is submitted by the Ld. SPP for the NCB (respondent) that the recovery relates to commercial quantity of contraband and there is an embargo of Section 37 of the NDPS Act. He f....