2023 (5) TMI 1389

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.... Jain, Adv. Mr. Harshit Khanduja, 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 accu....

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....ccording to the case of the prosecution, search 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 appe....

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.... 17 of the decision of this Court in Mohanlal's 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 applica....

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....enlisted and the correctness of the list of samples so drawn certified 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 absenc....