TaxTMI 
TaxTMI 
2022 (8) TMI 1424
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.... Rajouri Garden, under Sections 323/354/354B/451/506/34 of the Indian Penal Code, 1860 and FIR No.739/2018, PS Rajouri Garden, under Sections380/411/34 of the Indian Penal Code, 1860 and not in relation to the offences punishable under the NDPS Act, 1985 as alleged in relation to FIRNo.552/2021, PS Rajouri Garden, in which the application has now been filed. It is also submitted on behalf of the applicant that the applicant is on bail in those other three cases. Inter alia, it has been submitted on behalf of the applicant that the samples that have been drawn in the instant case have not been drawn in accordance with law and reliance is placed on a catena of verdicts on behalf of the applicant i.e., 1. A verdict of this Court in Bail Appln. 3076/2022 titled Ahmed Hassan Muhammed vs. The Customs dated 11.02.2021; 2. A verdict of this Court in Crl. Appeal 909/2005 titled Basant Rai vs. State dated 02.07.2012; 3. A verdict of this Court in Crl.A. titled Charlse Howell @ AbelKom vs. NCB dated 13.08.2018; 4. A verdict of this Court in Crl.A. 1113/2011 titled EdwardKhimani Kamau vs. The Narcotics Control Bureau dated 28.05.2015; 5. A verdict of this Court in Bail Appln. 3491/2....
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.... application has been filed, there are three other cases against the applicant. The averments in the FIR itself indicate the applicant to be of 70 years of age. As per the averments made in the FIR from the possession of the applicant a white polythene packet, and two boxes of Junior pre-rolled cone, 5 boxes of cannabis tubes, 2 boxes of No.1 King Perfect Roll, three boxes of Bongchie Perfect Roll and six boxes of Bongchie Rolling Paper were recovered and on checking the polythene it was found to contain several small small plastic placket pudias which were filled and on opening and checking the same they were found to contain leafy, seeded and stinky grass type of product which as per the smell and characteristics seem to beganja and all the small small polythene packets were opened and their contents of ganja were put into a white plastic katta and were bound with a white cloth piece and sealed with the seal of 'RD' and a pulanda was prepared. It is also stated in the FIR that the white polythenes and the small small polythene packets were all put into a white plastic katta which was also tied with a white cloth and sealed with the seal of 'RD' and these katas were given the mar....
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.... 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 maybe carefully bunched in lots of 10packages/containers may be bunched in lots of 40such packages such packages/containers. For each such lot of packages/containers, one sample induplicate 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 5packages/containers remain, no bunching would be necessary and no samples need be drawn. (d) If it is 5 or more in case of other drugs and substances and 20 or more in case of Ganja and Hashish, one more sample in duplicate may be drawn for such remainder package/containers. (e) While drawing one sample in duplicate from a particular lot, it must be ensured that representative drug in equal quantity is taken from each package/container of that lot and mixed together to make a composite whole from which the samples are drawn for that lot. "(emphasis added) 14. Pari materia with Standing Order 1/88 is the Standing Order No.1/89 dated 13.06.1989 issued under subsection (1) ....
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.... 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 in a paper envelope which may be sealed properly. Such sealed envelope may be marked as original and duplicate. Both the envelopes should bear the S.No. of the package(s)/ containers from which the sample has been drawn. The duplicate envelope containing the sample will also have a reference of the test memo. The seals should be legible. This envelope which should also be sealed and marked „secret-drug sample/ Test memo‟ is to be sent to the chemical laboratory concerned. 3.0 The Seizing officers of the Central Government Departments, viz., Customs. Central Excise, Central Bureau of Narcotics, Narcotics Control Bureau, Directorate of Re....