Short Note : It was an appeal against the order of acquittal passed by the Sessions Judge, Mandsaur, who acquitted the respondent Kishan Singh from the charge under section 9(a) of the Opium Act even though he was convicted by the trial Court on the said charge. Held : From the evidence of Preventive Inspector of Narcotics Department, Madan Lal (P.W.3), it was clear that after Vithal Prasad (P.W.4) was deputed to summon members of the staff and the staff members summoned Panch witnesses about an hour's time had elapsed. The alleged seizure was made at the bus-stand, where, according to Madan Lal, a number of persons were present. It is not understood as to why in spite of the presence of so many persons at the bus-stand, Madan Lal (P.W.3) had to depute Vithal Prasad to summon members of his staff, who after their arrival were asked to summon the Panch witnesses. All these circumstances create some doubt regarding the truth of the statements by these two witnesses. The learned Sessions Judge was therefore, justified in rejecting the evidence and holding that the evidence given by these two witnesses does not establish the charge against the accused beyond any reasonable doubt. Appeal dismissed.