NDPS Act | Violation Of Standing Orders During Contraband Sampling Leads To Adverse Inference Against Prosecution: Telangana High Court

The observation came in a case pertaining to recovery of 214 kgs Ganja in 107 packets from two vehicles. Justice K. Surender noted that while drawing samples from the seized contraband, the investigating authority failed to specify as to from whom the said sample of Ganja was taken as 55 packets were seized from the 1st petitioner/A1 40 packets were seized from the 2nd petitioner/A2, 12 packets were seized from A10.

"From the record it is apparent that the Investigating Officer has not taken samples from each of the packets for the purpose of FSL examination. It is also not the case of the prosecution that any homogeneous mixture was made after finding that the contraband in all the said packets was dry Ganja..When it is apparent from the record that sampling was done contrary to the standing instructions 1 of 1989, dated 13.06.1989, which is mandatory, it cannot be said that the police had followed the procedure prescribed under the NDPS Act."

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. He further submitted that that admittedly, no sampling was done under the supervision of the Magistrate.

Standing Order 1/89 provide that provides that quantity of 24 grams in each has to be drawn for the chemical test.

The Court noted that it is not even known as to from which packet the sample was taken out of 107 packets seized. In the said circumstances, when there is blatant violation of Standing Order, the petitioners are entitled to be released on bail, the Court said. 

Bail is subject to executing personal bonds for Rs.1 lakh each with two sureties each for a likesum, among which one is local surety and the other is native surety. The accused are also directed to appear before the concerned police station as specified in the order.

Case Title: Baba Sow Chandekar & another v. The State of Telangana