I.D.Dua, J.

1. This is an appeal filed by the State against the judgment of a learned Magistrate, 1st Class, Dhuri, acquitting Sat Ram Dass under Section 9 of the Opium Act.

2. The story of the prosecution is that on 17-4-1957 at about 6.10 . m. the accused respondent was found in possession of 20 seers of poppy-heads near the way leading to village Kakarwal from railway line Dhuri. He was caught by the investigating officer and two witnesses Jagar Singh and Niranjan Singh, when the poppy-heads were said to have been tied in a cloth which was being carried by the accused in the form of a bundle placed on his head. A constable was sent to Dhuri town to fetch someone who could weigh the substance recovered Bhagat Ram P. W. 2 came and found the weight of the commodity recovered to be 20 seers; it included both broken and unbroken poppy-heads.

It is then alleged that about three months later this very bundle which had been sealed at the time of recovery was again opened and poppy husk and poppy-heads found in it, were separately weighed. The learned Magistrate after going through the entire evidence felt that the prosecution case was doubtful and had not been proved against the