GINKALA MEDDILETY Vs. STATE

JUDGEMENT

(1.) By way of the present application, the applicant seeks bail in FIR No.145/2020 dtd. 24/9/2020, under Ss. 20/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), registered at Police Station Crime Branch, Delhi.

(2.) On 24/9/2020, based on secret information received, a truck carrying 275 kilograms of Ganja was apprehended by the police and recovery of the aforesaid Ganja was taken into police possession through a seizure memo. Thereafter, the present FIR was registered with the Crime Branch.

(3.) Counsel appearing on behalf of the applicant submits that in the present case, the Crime Branch has not adopted the procedure for taking samples as mandated in the Standing Order 1/88 dtd. 15/3/1988 (hereinafter 'Standing Order'), issued by the Narcotics Control Bureau (NCB), in as much as out of the 55 packets of Ganja seized, the investigating agency has mixed the quantities contained in 5 packets into 1, thereby converting a total of 55 packets into a total of 11 packets. He further submits that the seizure was not made in the presence of the applicant.