1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3553 OF 2009 IN CRIMINAL APPEAL NO. OF 2009. The State of Maharashtra. ... ... Applicant. Versus Smt.Shobha Machindra Gangurde & Ors. ... ... ... Respondents. Ms. U. V. Kejriwal, APP for the Applicant. None for the Respondents. CORAM : J. N. PATEL and A. A. SAYED, JJ. DATED : 17TH DECEMBER, 2009. P. C.: This is an application for leave to appeal filed on behalf of the State aggrieved by the decision of the learned Ad-hoc Additional Sessions Judge-1, Niphad in Special N.D.P.S. Case No. 1 of 2008 which came to be decided on 16th April, 2009. 2. It was the case of the prosecution that on 11th April, 2008 A.P.I. Bapu Gangadhar Rohom received secret information that one Shobha Macchindra Gangurde resident of Rajwada Pimplegaon (B), Taluka Niphad, District Nashik, is in possession of huge quantity of ganja and one Suresh Magan Shirsath 2 resident of Chopda, District Jalgaon was dealing in selling of ganja and has been to her house. On getting this information, the police party raided the premises of Shobha Gangurde and in the search and seizure they were able to seize the contraband i.e. ganja weighing about 92.700 Kg. 3. Learned Special Judge found that the prosecution has failed to comply with the mandatory requirement of Section 42(1) and (2) of the N. D. P. S. Act. Considering the discrepancy in the evidence of the prosecution witness i.e. API Shri Bapu Gangadhar Rohom (PW 1) and the lady constable Smt. Chhaya Chaudhari (PW 3), the Special Judge found that the witnesses are unreliable and their evidence is contrary to the record even in relating to dispatching of the sample of ganja to the Chemical Analyser apart from handling the sample of the contraband. We, therefore, find that the learned Special Judge has not committed any error or illegality in acquitting the accused due to deficiency in the prosecution case. 4. Hence the application for seeking leave to appeal is rejected. As a consequence thereof, the criminal appeal is dismissed. Sd/- (J. N. PATEL, J.) Sd/- (A. A. SAYED, J.)