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2023 (3) TMI 1398 - HC - Indian LawsSmuggling - non–compliance of Section 52A of NDPS Act - HELD THAT:- Admittedly there was confusion in the procedure of drawing samples and as per ARVIND YADAV VERSUS GOVT. OF NCT OF DELHI [2022 (3) TMI 1551 - SC ORDER] even if samples were drawn at the spot would not vitiate the trial, hence any violation thereof could never be the sole basis for grant of bail. Such discrepancy in rules was even noted by the Hon’ble Supreme Court in UNION OF INDIA VERSUS MOHANLAL [2016 (5) TMI 500 - SUPREME COURT] and accordingly fresh Rules were notified vide gazette notification dated 23.12.2022, thus the compliance of Standing Order 01/1989 prior to the notification perse would not be a ground to grant bail. Hence purely on this ground, bail not granted to the petitioner - petition dismissed.
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