The accused was charged in the complaint with "having in his possession opium pipes and other  apparatus for using opium, without a prescription of a duly licensed and practicing physician or a permit from the Collector of Internal Revenue.  It is claimed that because the witness  for the prosecution swore that he had seen  the accused smoking opium  the complaint  should have been framed under section 4 of Act No. 1701, instead of under section 7.  Inasmuch as the witness also testified that he saw the specified objects in the possession of the accused, the complaint and the conviction  thereunder were proper.

The sentence of the court below to imprisonment for six months in the  provincial jail, and the payment of the costs, is hereby affirmed, with the costs of this instance. So ordered.

Arellano, C. J., Torres, Mapa, Carson, and Willard, JJ., concur.