2023 (5) TMI 1389

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., Adv. Mr. Harsh Jain, Adv. Mr. Himanshu Satija, Adv. Mr. Umang Mehta, Adv. Mr. Harsh Saxena, Adv. Ms. Sujal Gupta, Adv. Mr. B. K. Satija, AOR For the Respondent : Mr. Karan Sharma, AOR Mr. Mohit Siwach, Adv. Mr. Rishabh Sharma, Adv. ORDER Leave granted. 2. Heard the learned counsel appearing for the parties. 3. We make it clear that out of the 3 accused who were before the High Court, onl....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....arch was conducted in the presence of the District Superintendent of Police of the tempo which led to recovery of eight bags of poppy husk which were concealed under tarpaulin. From each bag, two samples of 250 gms were taken out and made into sixteen parcels and residue of poppy husk in each bag was found to be of 29.5 kgs. 5. The learned counsel appearing for the appellant relied upon a decisio....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... case1, it was held thus: "15. It is manifest from Section 52-A(2)include (supra) that upon seizure of the contraband the same has to be forwarded either to the officer-in-charge of the nearest police station or to the officer empowered under Section 53 who shall prepare an inventory as stipulated in the said provision and make an application to the Magistrate for purposes of (a) certifying the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tified by the Magistrate. In other words, the process of drawing of samples has to be in the presence and under the supervision of the Magistrate and the entire exercise has to be certified by him to be correct. 17. The question of drawing of samples at the time of seizure which, more often than not, takes place in the absence of the Magistrate does not in the above scheme of things arise. This....