N.N. Mathur, J. - (1.) This state appeal is directed against the judgment dated 24.8.1991 acquitting the accused respondent herein of offence under Sec. 4/9 of the Opium Act on the ground that the prosecution failed to establish that the sample taken remain intact from the moment it was seized till it reached to the hand of chemical examines.
(2.) I have heard the learned Public Prosecutor and Mr. Anil Upadhayay learned counsel appearing for the respondent.
(3.) It is settled that the prosecution to establish that the sample remained intact from the moment it was seized till it reach to the chemical examiner. There is no infirmity in the impugned order. The State appeal is devoid of any merit and the same is, therefore, rejected.;