Opium Act, 1878–Secs. 4 & 9–Acquittal–Accused-respondents were found to be in conscious possession of the opium and opium milk in question and involved in transporting the same–Provisions of Act do not mandate that the owner of the vehicle should be implicated or made co-accused in the case–Lapse on part of Investigation Officer cannot give immunity to the accused who were having the possession of the opium–Simply because the information has not been entered in rojnamcha, the recovery from the respondents cannot be ignored–However, the accused were deprived of their material right to get a re-test conducted from another secured sample in their defence–Further, the FSL report is doubtful–Impugned order was passed in the year 1990–Held, it would not be expedient to reverse the judgment.
