IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34145 of 2010 SANTOSH KUMAR @ SANTOSH KUMAR KUSWAHA Versus THE STATE OF BIHAR & ANR ----------- 04. 22.12.2010 While hearing the bail application of one Santosh Kumar @ Santosh Kumar Kuswaha in N.D.P.S. Case No. 130 of 2009 pending before the 9th Additional Sessions Judge, East Champaran, Motihari it was noticed that the Investigating Officer had drawn one sample from the entire 200 Kgs. of Ganja like substance recovered from a Truck. When this Court asked for an explanation as to why a single sample had been taken instead of separate samples from each packet. The Investigating Officer has explained that he had done so in accordance with the Standing Instruction No. 1/88 of Narcotics Control Bureau, New Delhi which guided the preparation of samples as quoted hereunder:- “1.7 Number of samples to be drawn in each seizure case (a) In the case of seizure of a single package/container one sample in duplicate is to be drawn. Normally it is advisable to draw one sample in duplicate from each package/container in case of seizure of more than one package/container. (b) However, when the package/containers seized together are of identical size and weight, bearing identical markings and the contents of each package give identical results on colour test by U.N. kit, conclusively indicating that the packages are identical in all respect/the packages/containers may be carefully bunched in lots of 10 packages/containers. In case of seizure of Ganja and Hashish, the packages/containers may be bunched in lots of 40 such packages/containers. For each such lot of packages/containers, one sample in duplicate may be drawn. 2 (c) Whereafter making such lots, in the case of Hashish and Ganja, less than 20 packages/containers remain, and in case of other drugs less than 5 packages/containers remain, no bunching would be necessary and no samples need be drawn. (d) If it is 5 or more in case of other drugs and substances and 20 or more in case of Ganja and Hashish, one more sample in duplicate may be drawn for such remainder package/containers. (e) While drawing one sample in duplicate from a particular lot, it must be ensured that representative drug in equal quantity is taken from each package/container of that lot and mixed together to make a composite whole from which the samples are drawn for that lot.” Hence, no further action is required in the matter against the Investigating Officer. However, this Court is anxious about the desirability of continuing with this Standing Instruction with regard to the mode of collection of samples to be drawn in cases of seizure since after 1988 there has been an amendment in N.D.P.S. in the year 2001 wherein the sentence has been graded according to the quantum of seizure. In my view, now there should be a revision of this Standing Instruction since the sentence is dependent upon the quantity of seizure which can not be determined if a single sample is taken from packages bunched together. Let this order be communicated to Director, Narcotics Control Bureau, New Delhi through FAX for necessary action in the matter. Vikash/- ( Anjana Prakash, J.)