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2021 (2) TMI 310 - HC - CustomsAdmissibility of application - collection of samples - allegation is that the proceedings are to be conducted by the Executive Magistrate and the application was dismissed as being not maintainable - HELD THAT:- It is apparent that the sanctity of the provision of Section 52A(2) of the NDPS Act, 1985, for drawing of the samples in the presence of a Judicial Magistrate is fortified and strengthened by the provisions of Section 52A(4) of the NDPS Act, 1985. The section fortifies the sanctity of the proceedings before the Judicial Magistrate in relation to inventory, the photographs of narcotic drugs or psychotropic substances and any list of samples drawn under Section 52A(2) and certified by the Magistrate, as being primary evidence in respect of such offence. The impugned order is set aside and in view thereof the learned Judicial Metropolitan Magistrate on duty on 8.6.2020 is directed to take up the application under Section 52A(2) of the NDPS Act, 1985, in File No. VIII(AP)10/P&I/2665-C/Arrival/2019 of the case for drawing the samples in accordance with law - Furthermore, in as much as the alleged recovery of the contraband in the instant case is 1957 gms of Heroine which falls within the ambit of the commercial quantity in terms of serial no. 56 of the table prescribed under Clause vii (a) and Clause xxxiii of Section 2 of the NDPS Act, 1985, the learned Additional Sessions Judge seized of the application under Section 36A(4) of the NDPS Act, 1985 which is to be taken up for consideration on 10.6.2020 shall dispose of the said application on the date fixed. Petition disposed off.
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