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2022 (12) TMI 1435 - DELHI HIGH COURTSeeking grant of Regular Bail - smuggling - Ganja - procedure for collection of sample, faulty - violation of standing order 1/88 of the guidelines of NCB - HELD THAT:- As mandated by the Hon'ble Supreme Court in judgment of UOI. VERSUS BAL MUKUND & ORS. [2009 (3) TMI 914 - SUPREME COURT], standing order 1/88 has been opined to be a "requirement of law" - The standing order 1/88 mandates that the transferring of content of all packets into one and then drawing a sample from the mixture is not permitted. Thus, in the present case, the instructions in 1/88 has not been followed and the sample has been drawn after mixing the contents of various packets into one container. The same has caused serious prejudice to the case of the applicant. Since the collection of sample itself is faulty, the rigours of Section 37 of the NDPS Act will not be applicable - applicant is in custody since 26.02.2022 and has no criminal antecedents. He has no criminal cases of any nature pending against him. The applicant is entitled to be released on bail u/s 20/29 of the NDPS Act registered at PS Crime Branch on the subject to terms and conditions fulfilled - application allowed.
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