C.S.TIWANA, J.

1. This appeal on behalf of the State is directed against the judgement dated January 9, 1980, of the Additional Sessions Judge. Bhatinda, whereby Nachhattar Singh, the respondent, was acquitted of the offence under S.9(a) of the Opium Act. He had previously been convicted by the Judicial Magistrate First Class, Mansa, by judgement dated October 17, 1978, for the said offence and had been sentenced to undergo rigorous imprisonment for nine months and to the payment of a fine of Rs. 500.00 . It was in appeal against that judgement that the acquittal of the respondent took place.

2. It had been alleged against the respondent that on October 27, 1977 in the area of village Tamkot opium weighing 1.020 kg was recovered from his possession, for the keeping of which he did not have any permit. Head Constable Kashmir Singh PW 2 accompanied by Constable Joginder Singh PW 1 and some other Constables was returning by an official tempo after the investigation of some case at village Burj Hari, and when he was at a distance of about 150 yards from the bus stop of village Tamkot, the respondent was seen going in some suspicious circumstances while holding a jhola. He was a