1. - The appeal has been preferred by the State of Rajasthan against the order passed by the Sub Divisional Magistrate, Chittorgarh dated November 30, 1970 acquitting the respondents Prabhu and Moti of a charge under Section 4/9 of the Opium Act.

2. The prosecution case is that on June 9, 1968 the Excise Inspector, Chittorgarh received information from a Mukhbir that some persons were likely to carry opium towards village Bijaipur during the night. The Excise Girdawar, Shri B.B. Mathur along with some other employees of the Excise Department laid an ambush on the road leading from Village Palchha to Bijaipur. At about 2.30 in the night Prabhu respondent was found carrying a plastic bag on his shoulder containing opium, which on weighment was found to be 9 kilograms 700 grams. According to the prosecution, Moti respondent was also going along with Prabhu and both of them were apprehended on the spot and the opium, which they were carrying, was seized. Samples of opium were taken in two packets, one of which was sent for chemical examination after being properly sealed. The remaining opium was placed in another packet and was separately sealed. The Chemical Examiner's report