NDPS | Does Entire Case Property Need To Be Sent To FSL Or Can A Sample From Each Strip Of Tablets Be Sent For Testing? P&H High Court Explains
The Punjab & Haryana High Court while answering a reference question has said that there is no need to send the entire seized bulk of the contraband tablets under the NDPS Act and only samples of the tablet in homogeneous quantity are sufficient for sending for chemical examination.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "There is no requirement for the sending of...
The Punjab & Haryana High Court while answering a reference question has said that there is no need to send the entire seized bulk of the contraband tablets under the NDPS Act and only samples of the tablet in homogeneous quantity are sufficient for sending for chemical examination.
Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "There is no requirement for the sending of the entire bulk seizure to the laboratory concerned, but only the residue therefrom in terms...rather is to be sent to the laboratory, thus for the relevant laboratory testings being made."
The Court added the samples should be homogeneously mixed and batch numbers must be reflected on each strip which is sent for analysis.
It also referred to the standing order of the Ministry of Finance (Department of Revenue), wherein it is stated that "The quantity to be drawn in each sample for the chemical test shall not be less than 5 grams in respect of all narcotic drugs and psychotropic substances save in the cases of opium, ganja and charas (hashish) where a quantity of 24 grams in each case is required for a chemical test."
"The seized drugs in the packages/containers shall be well mixed to make it homogeneous and representative before the sample (in duplicate) is drawn," stated the order.
These observations were made while hearing a batch of pleas wherein a single judge bench had referred the matter to the division bench for answering a "substantial question of law", "whether the whole case property is to be sent or whether the sample is to be sent from each vial or strip of tablets to the FSL for chemical examination.
After examining the provisions and notifications, the Court answered that the entire bulk need not be sent, as it would be impractical to transport and store the heavy materials in the laboratory. Instead, the samples taken for the chemical examination should be homogeneously mixed.
The Court also referred to a notification issued in 2022 by the Government of India, Ministry of Finance (Department of Revenue), on the procedure for drawing samples and said that the inventory made in the presence of a Magistrate, in terms of Section 52A of the NDPS Act, without testing of the contraband enclosed in the sample parcels, does not have evidentiary value.
It added further that the police department is obligated to ensure that there are adequate storage facilities in the malkhanas.
"An obligation becomes cast upon the investigating agencies, to make prompt dispatches of the samples to the laboratories concerned, so that, the enclosed thereins stuff becomes examined," said the Court.
Title: DEEPAK KUMAR v. STATE OF PUNJAB [along with connected matter]
Mr. L.S. Sekhon, Advocate and Ms. Nitika Sekhon, Advocate for the appellant(s).
Mr. Abhishek Sahu, Advocate for Mr. B.S. Bhalla, Advocate, for the appellant in CRA-S-2828-SB-2016.
Mr. Deepender Singh, Addl. Advocate General, Punjab with Mr. Maninderjit Singh Bedi, Addl. A.G., Punjab and Mr. Maninder Singh, Sr. DAG, Punjab.
Mr. Rajeev Vij, Addl. Public Prosecutor for U.T. Chd.
Mr. Ankur Mittal, Addl. AG Haryana with Mr. P.P. Chahar, Sr. DAG, Haryana.
Citation: 2024 LiveLaw (PH) 263