Styendra Patel vs The State Of Madhya Pradesh
2025 Latest Caselaw 337 MP

Madhya Pradesh High Court

Styendra Patel vs The State Of Madhya Pradesh on 5 May, 2025

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                               1                               CRA-5252-2021
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                       CRA No. 5252 of 2021
                                       (SATYENDRA PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 05-05-2025
                                   Shri Vaibhav Kumar Pandey - Advocate for appellant no. 1.
                                   Shri Manas Mani Verma - Government Advocate for the
                           respondent/State.

Heard on I.A. No. 14591/2023 (an application for suspension of sentence and grant of bail to appellant no. 1 Satyendra Patel).

Learned counsel for the appellant submits that there is defect in the sampling and as per the circular, reference is made to the Standing Order 1/89 and it is submitted that out of 69 packets, only two samples were drawn. Therefore, it is in violation of the Standing Order 1/89 and it entitles appellant Satyendra Patel for suspension of sentence.

Learned counsel for the appellant has placed reliance on the judgment of the Chhattisgarh High Court in Hemant Singh and another Vs. State of Chhattisgarh Neutral Citation 2024:CGHC:23608-DB decided in Cr.A. No. 1697/2018 wherein the said Standing Order has been quoted as under :-

"2.1. All drug shall be properly classified, carefully weighed and sampled on the spot of seizure.

2.2. All the packages/containers shall be serially numbered and kept in lots for sampling. Samples from the narcotic drugs and psychotropic substances seized shall be drawn on the spot of recovery, in duplicate, in the presence of search witnesses (Panchas) and the person from whose

2 CRA-5252-2021 possession the drug is recovered, and a mention to this effect should invariably be made in the panchanama drawn on the spot. 2.3. The quantity to be drawn in each sample for chemical test shall not be less than 5 grams in respect of all narcotic drugs and psychotropic substances save in the cases of opium, ganja and charas (hashish) where a quantity of 24 grams in each case is required for chemical test. The same quantities shall be taken for the duplicate sample also. The seized drugs in the packages/containers shall be well mixed to make it homogeneous and representative before the sample (in duplicate) is drawn. 2.4. In the case of seizure of a single package/container, one sample in duplicate shall 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.

2.5. However, when the packages/containers seized together are of identical size and weight, bearing identical markings, and the contents of each package given identical results on colour test by the drug identification kit, conclusively indicating that the packages are identical in all respects, the packages/containers may be carefully bunched in lots of ten packages/containers except in the case of ganja and hashish (charas), where it may be bunched in lots of 40 such packages/containers. For each such lot of packages/containers, one sample (in duplicate) may be drawn. 2.6. Where after making such lots, in the case of hashish and ganja, less than 20 packages/containers remain and, in the case of other drugs, less than 5 packages/containers remain, no bunching would be necessary and no samples need be drawn.

3 CRA-5252-2021 2.7. If such remainder is 5 or more in the case of other drugs and substances and 20 or more in the case of ganja and hashish, one more sample (in duplicate) may be drawn for such remainder package/container. 2.8. While drawing one sample (in duplicate) from a particular lot, it must he ensured that representative samples in equal quantity are 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.

2.9. The sample in duplicate should be kept in heat-sealed plastic bags as it is convenient and safe. The plastic bag container should be kept in a paper envelope which may be sealed properly. Such sealed envelope may be marked as original and duplicate. Both the envelopes should also bear the No. of the package(s)/container(s) from which the sample has been drawn. The duplicate envelope containing the sample will also have a reference of the test memo. The seals should be legible. This envelope along with test memos should be kept in another envelope which should also be sealed and marked "Secret Drug sample/Test memo", to be sent to the chemical laboratory concerned."

Thus, it is evident from the aforesaid Standing Order that an exception has been made in regard to Ganja and Charas and, therefore, this standing order will not cover the case of the appellant.

Another argument putforth by Shri Vaibhav Kumar Pandey, learned counsel for the appellant that the vehicle was found in abandoned condition

and infact, the vehicle was used for social purpose and it was given to Shri

4 CRA-5252-2021 Sanjay Singh but neither the Driver nor Sanjay Singh has been made an accused and the vehicle was seized from the Badi of the appellant. Even, this argument is not attractive to show indulgence.

Accordingly, I.A. 14591/2023 fails and is dismissed.

                                (VIVEK AGARWAL)                              (DEVNARAYAN MISHRA)
                                     JUDGE                                          JUDGE
                           vy