1. - Appeal challenges respondent's acquittal for the offence of Section 4/9 of Opium Act recorded vide judgment dated 29.5.89 in Criminal Case No. 318/88 before the Judicial Magistrate, Pratapgarh.

2. According to prosecution, on 23.11.84 when Excise Inspector PW/4 alongwith Enforcement officer PW/5 and other personnels of Excise department working on the basis of certain information were at road intersection near village Badi Sakhtali. They observed at around 11 AM that from towards Badi Sakhtali a person was coming on cycle and on handle of cycle was a bag having some suspicious article. So the person was asked to stop who leaving cycle and bag ran away who while apprehended at some distance fell down on surface of road sustaining little injury at leg thumb he interrogated before independent witnesses and on search of bag at handle of cycle in it found opium which weighed 5 kg from which two samples of 50 gm each separately sealed and remaining substance separately sealed - over mudguard and chain cover of cycle was described (paint written) Trivedi Cycle service, Sujapur that also also seized. Memo of seizure is Ex.P/2 and arrest of accused Ex.P/1.

3. Registering report