JUDGMENT

FAZAL ALI, J.:— This appeal by special leave is directed against an order of the High Court of Rajasthan dated 5th March, 1973 by which the respondent Daulat Ram was acquitted of the charge under Section 9A of the Opium Act. It appears that on the 24th January, 1968 the District Excise Officer went to search the shop of the respondent in Jodhpur city and P. W. 2 Sher Singh, Excise Inspector, recovered an iron box along with two tins filled with opium. On being interrogated the respondent disclosed to the Excise Inspector that some quantity of opium was lying in his house at Ratanada and in pursuance of the information given by the respondent the raiding party went to the house of the respondent and at his instance three tins alleged to have continued illicit opium were also seized. Several samples were taken and sealed and given to Jawan Singh of the Excise Headquarters on the 24th January, 1968. On the 27th January, 1968 the samples marked A were taken from the Excise Headquarters and were handed over to the S.I. Aidanram of Udai Mandir Police Station. On 29th February, 1968 Nathu Singh took samples, marked A, given to him by P. W. 11 Harak Chand to the office of the Supe