The Hon'ble High Court of Delhi in NARCOTICS CONTROL BUREAU Vs LEE WEI QI reported in 2019-TIOL-2775-HC-DEL-NDPS has held that as samples were not drawn on the spot of seizure and drawn at the office of NCB, following the decision of the Supreme Court in Kuldeep Singh v State of Punjab: (2010) 10 SCC 219, the court held that drawing samples at the spot and the sealing of the case property at the spot are mandatory as per the provisions of the NDPS Act and failure to prove the same was fatal to its case. Hence, on these grounds the acquittal of the accused was upheld.
It is unfortunate to note that the judgement dated 28-01-2016 of the Hon'ble Supreme Court in UOI vs Mohan Lal in Crl.A.No. 652 of 2012 was not adverted to. In this judgement it was held that samples have to be invariably be drawn in the presence of the Magistrate.
Interestingly, this conclusion was drawn by the Supreme Court based on the submission of NCB that they were drawing samples in the presence of the Magistrate and DRI was found at fault for drawing samples on the spot of seizure.
This case establishes that NCB committed perjury by submitting to the Supreme Court that samples were drawn before the Magistrate.
-A.Rangadham, Superintendent

CESTAT Hyderabad 11/12/2019