Mixing of contraband substance by police officials while sending for examination. Is it against the procedure?: Dwarka Courts consider while allowing bail applications

 Dwarka Courts, New Delhi: Deepak Wason, Special Judge (NDPS)five applications under Section 439 CrPC for grant of bail.

Counsels for the accused persons submitted that they had been falsely implicated in the present case. The accused Tajwar Rawat, Nikhil Kumar and Ishu were in custody since 19-9-2021 and accused Harvinder Singh was in the custody since 7-5-2021 and accused Ridalin was in the custody since 19-9-2021.

The prosecution emptied two sacks of contraband together and thereafter, put them into three sacks subsequently.

It was further added that the prosecution was required to draw samples independently from both the sacks and not after mixing the contents of both the sacks and such a procedure of drawing samples after emptying and mixing the content and putting them in different bags was against the procedure established by law.

Analysis and Decision

Court noted that, in the present case, ganja was taken from two cartons and thereafter, it was put into three plastic kattas. It appeared that the police officials had mixed the ganja taken from to cartons into three katas which were marked as D,E,F and sent to FSL for the examination which was contrary to the procedure prescribed under the law.

The Bench stated that all the accused persons were in custody since long, the investigation was complete, the charge sheet had already been filed and no purpose would be served by keeping all the accused persons in custody, hence all 5 bail applications were allowed. [State v. Ishu, SC No. 669-2021, decided on 22-1-2022]


Advocates before the Court:

Brijesh Kumar, Ld. Addl. PP for the State

Ajay Kumar, Counsel for the accused Ishu and accused Mayank Dhawan with both accused on bail

Mahipal Singh, Counsel for the accused Ishu

Rajesh Juneja, Counsel for the accused Tajwar Rawat with accused produced from JC

Tripurari Tiwari, counsel for the accused Nikhil Kumar

Akshay Bhandari and Digvijay Singh, Counsels for accused Harvinder Singh with accused produced from JC

Vishnu Shankar Jain and Marbiang Khongwir, Counsels for accused Ridalin Nongbet with accused produced from JC.

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