IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 954 OF 2003 Union of India at the instance of Assistant Collector of Air Customs Pool, .... Appellants V/S. 1. Abdul Hameed Mohammed 2. State of Maharashtra ....Respondents Resp no.1/Orig.Accused ====== Mr.R.P.Lambay, P.P. for Union of India, appellant. Mr.S.A.Shaikh, adv.for respondents. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 29TH JULY, 2009. P.C. :- 1. Heard Mr.Lambay, the learned Public Prosecutor for Union of India. 2. The Union of India has filed the instant appeal to challenge the judgment and order dated 29th July 2002 in C.C.No. 191/CW/94 by which the respondent was acquitted of the offence alleged. In the said order of acquittal, the Union of India filed the appeal herein which was admitted and pending for hearing. Mr.Lambay states that notice was issued by this court to respondent no.1 which remain unserved till date. The order dated 1st July, 2009 shows that there were also earlier reports of service indicating that respondent no.1 could not be served for want of his whereabouts. Mr.Lambay states that the applicant had made every effort to trace respondent no.1 for want of service of notice upon him. However the applicant has not been able to trace him. He further seeks leave to withdraw the appeal with liberty to approach this court, as and when, respondent no.1 is traced. Leave is granted. The appeal is disposed of as withdrawn with liberty to the appellant to approach this court, as and when, respondent no.1 is traced. [SMT.R.P.SONDURBALDOTA, J]