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NDPS Act| Action Of Investigating Agency Mixing Contraband From Two Different Cartons Before Forensic Analysis Is Contrary To Law: Delhi Court
Suhavi Arya
27 Jan 2022 5:05 PM IST
A Delhi Court recently reiterated that where the quantity of contraband recovered in a case is large and it is not practicable to send the entire quantity for forensic examination, then sufficient quantity by way of samples from each of the packets recovered should be drawn separately.It emphasized that the investigating agency cannot mix contents of different packets and then drawn...
A Delhi Court recently reiterated that where the quantity of contraband recovered in a case is large and it is not practicable to send the entire quantity for forensic examination, then sufficient quantity by way of samples from each of the packets recovered should be drawn separately.
It emphasized that the investigating agency cannot mix contents of different packets and then drawn samples therefrom.
Special NDPS Judge Deepak Wason observed,
"In the present case also as discussed above, ganja was taken from two cartoons and thereafter, ganja was put into three plastic kattas. It appears that police officials have mixed the ganja taken from two cartoons into three kattas which were marked as D, E, F and sent to FSL for examination, which is contrary to the procedure prescribed under the law."
While investigating 5 accused persons in a drug racket, the police found two huge cartons of ganja in a flat and proceeded to mix the ganja and bag it as evidence. The issue before the Court was – whether the procedure followed by police officials in collecting ganja from two cartoons into three plastic katas was procedure prescribed by law? The Court decided it was not.
The Court relied on the case of Ahmed Hassam Muhammed v. The Customs, where by the Delhi High Court allowed the bail applications of the accused with the following remarks,
"For example, if the 08 packets were allegedly recovered from the appellant and only two packets were having contraband substance and rest 6 packets did not have any contraband; though all may be of the same colour, when we mix the substances of all 8 packets into one or two; then definitely, the result would be of the total quantity and not of the two pieces. Therefore, the process adopted by the prosecution creates suspicion. In such a situation, as per settled law, the benefit thereof should go in favour of the accused. It does not matter the quantity. Proper procedure has to be followed, without that the results would be negative".
Keeping this in mind, along with the fact that the investigation is complete, charge-sheet has been filed and without expressing opinion on merits of the case, the trial court allowed the five bail applications on furnishing personal bond of Rs. 30,000/- each.
Addl. PP Brijesh Kumar appeared for State; Advocates Ajay Kumar, Mahipal Singh, Rajesh Juneja, Tripurari Tiwari, Akshay Bhandari, Digvijay Singh, Vishnu Shankar Jain and Marbiang Khongwir appeared for accused.
Case Title: State v. Ishu @ Kapil & Ors.
