( 1 ) THIS is an appeal filed by the State against the acquittal of Kaptan Singh by the learned Civil and Sessions Judge of Sitapur on appeal. It appears that the Excise Inspector Jagat Narain P. W. 3 of Sitapur had information that the accused Kaptan Singh was in the habit of smuggling opium and he would be passing through Sitapur. Accordingly on 25-5-1949, a watch was kept on the trains and buses coming from Shahjehanpur but he did not come. On the 26th May the accused was seen getting off from the Shahjehanpur train at Sitapur railway station at about 9 a. m. and settling down under a nim-tree on one side of the platform. On receiving information of this from his excise peons the Excise Inspector immediately went to the spot with the Station Master and some other witnesses. Kaptan Singh was found lying down with a small bundle under his head as a pillow. After giving their personal search Kaptan Singh was searched. The bundle on being opened contained in a piece of cloth a dibia inside which was found crude opium and this on being weighed in the Station Masters office was found to be 4 1/2 pounds. The accused Kaptan singh denied the recovery of the opium and pleaded not guilty.

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