TaxTMI 
TaxTMI 
2022 (7) TMI 1643
X X X X Extracts X X X X
X X X X Extracts X X X X
....1 and one Maruthi car and 40 packets of Ganja each weighing 2 kgs from A2. It is further the case that one packet of ganja was drawn as sample out of the seized contraband from 3 vehicles of which, two vehicles were seized from the possession of these petitioners. 2. The main ground urged by the counsel for the petitioners are that i) there is non compliance of Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short 'NDPS Act') as there is no mention of any intimation being given to the superior officer within 72 hours as required; ii) neither remand report nor the complaint indicate about the sampling done in accordance with the Standing Order 1 of 1989 dated 13.06.1989. 2.1 Learned counsel for the ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....g Order No.1/89 to ensure proper security against theft, pilferage or replacement of the seized drugs. (3) The Central Government and the State Governments shall be free to set up a storage facility for each district in the States and depending upon the extent of seizure and store required, one storage facility for more than one district." 3. Learned counsel submits that admittedly, no sampling was done under the supervision of the Magistrate. He also relied upon the judgment of Hon'ble Supreme Court in Noor Aga v. State of Punjab [(2008) 16 Supreme Court Cases 417], particularly, para 91, which reads as follows "91. The logical corollary of these discussions is that the guidelines such as those present in the Stand....
X X X X Extracts X X X X
X X X X Extracts X X X X
....admittedly, there is no mention of any sampling done in accordance with the standing order. However, in the last para of the complaint, it is mentioned as follows: Further, I have drawn one packet of Ganja as sample from the seized contraband Ganja packets from above each three vehicles for forwarding the same to TSFSL, Hyderabad for analysis under a cover of panchanama in the presence of above mediators duly affixing their signed chits. Later brought all the above 5 persons with seized 107 ganja packets all weighing about 214 kgs 5 mobile phones 3 cars and net cash of Rs.2,10,000-' at about 8.30 hours on 17.01.2022 are handed over to the kind officer with a request to take legal action as per the Law against the above 5 inters....
X X X X Extracts X X X X
X X X X Extracts X X X X
....shall be drawn on the spot of recovery, in duplicate, in the presence of search witness (Panchas) and the person from whose possession the drug is recovered, and a mention to this effect should invariably be made in the panchanama. Quantity to be drawn for the sampling: 2.3 The quantity to be drawn in each sample for chemical test shall not be less than 5 grams in respect of all narcotic drugs and psychotropic substances save in cases of opium, ganja and charas (hasish) where a quantity of 24 grams in each case is required for chemical test. The same quantities shall be taken for the duplicate sample also. The seized drugs in the packages/containers shall be well mixed to make it homogeneous and representative before the s....