Introduction The integrity of the chemical analysis report depends entirely on how the sample was drawn. If the sample sent to the lab is not a true representative of the seized bulk, the entire case collapses.
The “Seizing Officer” Mistake Historically, police officers would draw samples at the spot of seizure themselves. This practice was rampant but legally flawed.
The Supreme Court’s Directive (Union of India v. Mohanlal, 2016) The Supreme Court mandated that:
- No Sampling at Spot: The seizure officer should not draw samples for analysis at the spot.
- Magistrate’s Role: The seized contraband must be produced before a Magistrate under Section 52A.
- Certification: The Magistrate must oversee the drawing of samples and certify the inventory. These certified samples constitute primary evidence.
Simarnjit Singh v. State of Punjab (2023) Recently, the Courts have started acquitting accused persons where the police drew samples themselves without following the Section 52A procedure involving the Magistrate. For defense advocates, checking the “Memo of Sampling” to see who drew the sample is the first step in cross-examination.
Disclaimer: This article is for academic and informational purposes only and does not constitute legal advice. For specific case inquiries, please consult a legal professional.