7. Considering the arguments raised at the Bar, on perusal of the material, prima-facie, as per the recovery memo, the entire contraband was sealed in a cloth and a seal was inscribed - how the seal was opened and the sample was drawn is not clear from the memo which is relied upon by the respondent. The manner of sealing of the samples is also not mentioned. The FSL report also indicates that one duly sealed brown paper marked as P1 S1 was received which was tested and found to be positive for charas . In the present case, the sealing of the sample is not clear; the opening of the entire contraband before the trial Court is also not clear, thus, there are prima-facie inconsistencies in the manner of sampling. As such, considering the mandate of Section 37 of NDPS Act as explained in the case of Mohd Muslim @ Hussain v. State (NCT of Delhi); 2023 LiveLaw (SC) 260 and the effect of not following the mandate of Section 52A of NDPS Act as explained in the case of Yusuf @ Asif v. State; AIR 2023 SC 5041 , in the present case, the infirmities as pointed out with respect to sampling are prima-facie evident, thus, based upon these infirmities, a prima-facie view can be formed in favour of the applicant, thus, the applicants who have no criminal history and are in custody since 11.02.2024 are entitled to be enlarged on bail. In view thereof, the application is allowed.
