SAPAT KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Om Prakash Singh, learned Senior Counsel, assisted by Sri Rajesh Pratap Singh and Sri Sushil Kumar Rao, learned counsels for the applicant and Sri Krishna Agarwal, learned counsel appearing for opposite party, Directorate of Revenue Intelligence.

(2.) The allegation against the applicant in the complaint filed by opposite party is that on prior information received by the Directorate of Revenue Intelligence, search operation of truck of the applicant was conducted on 20.03.2019. Applicant disclosed his identity as cleaner of the truck while the other person in the truck namely, Harun Khan, disclosed his identity as its driver. Ganja was found concealed between the bamboos loaded in the truck. 10 red plastic sacks of 10 kg each (approx.) allegedly containing ganja were recovered. They were weighed on electronic machine available in the office of opposite party and total quantity was found to be 102.50 kg and net weight was found to be 100 kg, after deducting the weight of packing material. Thereafter small quantity of ganja was drawn from each packet by way of scratching and after mixing them well, two representative samples, each weighing about 24 gms, were drawn and were sealed.

(3.) Learned Senior Counsel for the applicant has submitted that the general procedure for sampling provided in Standing Order No. 01 of 1989 dated 13.06.1989 has not been complied by the opposite party. He has relied upon clause 2.1 to 2.8 of the aforesaid standing order quoted hereinbelow :-