On the 27th January, 1968 the sample marked A were taken from the Excise Headquarters and were handed over to the S.I. Aidanram of Udai Mandir Police Station.
It is a admitted case of the Prosecution that the samples changed several hands before reaching the public analyst.
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.
Several samples were taken and sealed and given to Jawan Singh of the Excise Headquarters on the 24th January, 1968.
On 29lh February, 1968 Nathu Singh took samples, marked A, given to him by P.W. 11 Harak Chand to the office of the Superintendent of Police, Jodhpur, for on ward transmission to the Public Analyst but the samples were number accepted by the office of the Superintendent of Police as the labels were number in order.
On bung 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 parly went to the house of the respondent and at his instance three tins alleged to have companytained illicit opium were also seized.
In other words, the samples remained in the custody of S.I. Aidanram, P.S. Udai Mandir, Nathu Singh, Gajraj Singh Jawan Singh and the Assistant Public Analyst and yet numbere of these witnesses were examined by the prosecution to prove the while in their custody the seals were number tampered with.
Murtaza Fazal Ali, J. This appeal by special leave is directed against an order of the High Court of Rajastban dated 5th March, 1973 by which the respondent Daulat Ram was acquitted of the charge under Section 9A of the Opium Act.
