STATE Vs. KAPTAN SINGH

JUDGEMENT

(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 Master's office was found to be 4 1/2 pounds. The accused Kaptan Singh denied the recovery of the opium and pleaded not guilty. In defence he produced one witness Raghubar Singh who stated that the bundle from which the opium was recovered was not with the accused. This evidence was disbelieved and the evidence of the prosecution was believed and accordingly the trying Court convicted Kaptan Singh and sentenced him to a fine and a period of imprisonment.

(2.) Kaptan Singh went up in appeal and the learned lower appellate Court agreed with the trial Court that the thing alleged to be opium was found in possession of the applicant Kaptan Singh. It was, however, of the opinion that the mere opinion of the Excise Inspector, who is an expert, without giving his reasons, that the thing recovered was opium is not sufficient to prove that it is opium and accordingly acquitted him. It has been urged in appeal on behalf of the State that it is clearly proved that opium was recovered from Kaptan Singh. We have heard the learned counsel at considerable length and are satisfied that the appeal must be allowed.

(3.) The prosecution had to prove that what was recovered was opium and that it was recovered from the possession of Kaptan Singh. Under Section 3, Opium Act, opium means