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 y-A. 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 want to the home of the resp3ndent and at his instance three tins alleged to have contained illicit opium were also seized. Several samples ware taken and sealed and given to Jaw m Singh of the Excise Headquarters on the 24th January, 1968. On the 27th January, 1968 the sample marked W were taken from the Excise Headquarters and were handed over to the S. I. Aidanram of Udai Mandir Police Station. On 29th February, 1963 Nathu Singh took samples, marked A, given to him by P. W. 11 Harak Ghand to the office of the Super