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(iv)The trunk claimed to have been seized was not sealed at the platform before it was carried and handed over to the GR Police Station. The seal was not even found intact when the trunk and the sample were sent to the FSL. 

(iv)       The FSL report having not mentioned to the

percentage      of   dextropropoxyhene,     dycyclomine    and

paracetamol, cannot be accepted as a valid document with evidentiary value.

4. Mr.D.Das, learned Addl. Public Prosecutor asserts that the materials and the evidence on record clearly established the guilt of the appellants and the learned trial court rightly awarded the conviction and sentence on them having found the charge established beyond reasonable doubt and in view of the above the appeal must be dismissed.

9. One Dr. Dhrubajyoti Hazarika, Scientific Officer of FSL, Assam, Kahilipara, Guwahati was examined as P.W.6. He testified the receipt of parcel sent to the Director by the prosecution for chemical test. He deposed that he received the articles in one sealed envelop having a closed polithine packet containing four orange coloured tablets in a strip marked as Ext.A. He also received one closed polithine packet containing four blue coloured capsules in a strip marked as Ext.B and one closed packet containing four orange coloured tablets marked as Ext.C. He has not stated whether the latter two closed polithine packets were sealed or not. Had they been under sealed cover/packet it would have been stated so by the witness. To a question put in cross-examination he stated- " in my report the percentage of dextropropoxyphene, dycyclomine and paracetamol are absent. I have not mentioned the description of the strips in my report. Paracetamol is a pharmaceutical preparation. It is not a fact that dextropropoxyphene, dycyclomine is not a drug."