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2. During the examination of one of the prosecution witnesses (PW-4), when the samples were opened in the Court, it was noticed that the substance was of a light brown colour. That led to the Appellant filing an application for re-testing, which was allowed by the learned trial Court by its order dated 14 th September 2009. Thereafter, a sample of 18 gms. was drawn and sent again for testing to the FSL. The second report of the FSL is dated 26th November 2009. It notes inter alia that the parcel (X-1) contained „brown coloured coarsed material‟ and that on subjecting it to chemical tests, chromatography and instrumental methods, it was found to contain Acetylcodeine, MAM and DAM and that the percentage of DAM was 14.34%.

17. The above submissions have been considered. In the first test report dated 6th March 2007 (Ex.DW-10/DB-1) on the gas chromatography examination, the purity of DAM was found to be 19.6%. The gas chromatography result was exhibited as PW-10/DB-2. The area count of MAM and DAM are indicated in the worksheet and marked as Ex.PW- 10/DB-3. The area count of MAM is 19480 and DAM is 421766. This formed the basis of calculating the DAM percentage as 19.6.

18. Turning to the next test result of the second testing that took place on 26th November 2009, the test report Ex.PW-10/DC-1 showed that the percentage of DAM was 14.34. The calculation sheet was exhibited as Ex.PW-10/DC-2. The gas chromatography sheet was marked as Ex.PW- 10/DC-4 with the area of the components, i.e., acetylcodeine, MAM and DAM indicated in another sheet (Ex.PW-10/DC-5). The area count is computer-generated data which is written by hand by PW-10 below it for greater clarity. As far as the second test report is concerned, in her examination-in-chief conducted on 11th December 2014 PW-10 clarified as under:

19. Mr. Jain cross-examined PW-10. When asked on what basis she concluded that both the samples came from the same source, PW-10 answered that since the components, viz., MAM, DAM and acetylcodeine were found present in both the samples, she came to the said conclusion. As regards the method followed by her in determining the area counts of MAM, PW-10 informed that "I have not calculated. It is reading of the instrument, generated by software, on the basis of which it has been stated in this report that the area as 19,480 for MAM." She clarified that the calculation was arrived at by using the computer software.