Sample drawn from uniformly mixed bulk of seized narcotics enough for testing: HC

The Punjab and Haryana High Court has ruled that sending the entire bulk of seized narcotic or psychotropic substances to a laboratory for testing is unnecessary. Instead, a representative sample drawn from a homogeneously mixed bulk seizure is sufficient for forensic analysis.

The question for adjudication before the Bench of Justices Sureshwar Thakur and Sudeepti Sharma was whether the entire seized case-property, or just samples from each vial or strip of tablets, was required to be sent for testing at the Forensic Science Laboratories (FSL).

The court asserted that homogeneous mixing of the entire bulk of seized narcotics was crucial before any sample was drawn for testing. The Bench made it clear that the sample might not be representative of the entire seizure without following the procedure.

Before arriving at the conclusion, the court referred to the standing orders issued by the Ministry of Finance (Department of Revenue), which governs the sampling and testing of narcotic drugs and psychotropic substances.

“It has been mandated that the representative sample to be derived from the bulk is required to be drawn only after the entire seized bulk becoming homogeneously mixed,” the Bench asserted.

The court added the process would ensure that the test results reflected the actual composition of the seized material, strengthening the reliability of the evidence produced during trial. The Bench also recognised that testing the entire bulk seizure could place an immense logistical burden on forensic laboratories especially when dealing with large quantities of drugs. Allowing the laboratories to test only representative samples drawn from the homogeneously mixed bulk would alleviate the pressure on these facilities.

The Bench also cited the case of “Noor Aga versus the State of Punjab”, wherein the Supreme Court held that proper adherence to the standing orders regarding the sampling process was mandatory. Any deviation from it could result in the acquittal of the accused.

Before parting with the case, the court warned that failure to mix the entire bulk homogeneously before the drawing of samples could cast doubt on the credibility of the evidence.

“If the entire bulk seizure remains are not homogeneously mixed... the charge drawn against the accused appertaining to the weight of the entire seizure... would come under a cloud of doubt, whereupon benefit thereof would accrue to the accused,” the Bench added.

Regarding psychotropic substances, particularly those in strips or vials, the court provided further clarification by saying: “If batch numbers are present, only one tablet from the bulk needs to be sent for testing. However, if batch numbers are absent, at least one tablet from each strip must be sampled.”