Opium Act, 1857–Secs. 4 & 9–Conviction–Sustainability–Samples remained with police for a period of one week–No evidence in regard to proper preservation–Weight of samples was found 38 & 39 gms. whereas 30 gms. contraband was taken as sample–No independent witness–Held, prosecution failed to establish the case beyond doubt–Petitioner is entitled to be acquitted.