1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 664 OF 2008 The State of Maharashtra ..Applicant versus Stephan Erunmular & Ors. ..Respondents Mr. P. S. Hingorani – APP for Applicant / State. Mr. K. M. Irani with Mr. A. A. Kocharekar for Respondent No. 1. CORAM : B. R. GAVAI, J. DATED : APRIL 15, 2010. P.C. : 1. By the present revision, applicant – State has challenged the order dated 4.10.2008 vide which the learned Judge Special Court under NDPS Act, Pune has allowed the application for discharge in so far as the accused Nos. 8 to 15 are concerned. 2. I am unable to see as to why the prosecution is aggrieved by the said order. The learned Judge while allowing application in so far as present trial is concerned has specifically observed that the accused Nos. 8 to 14 were alleged to have been found in possession of the incriminating material on 7th 2 March 2007, 8th March 2007 and 9th March 2007. The learned Judge has found that there is no material to connect this possession with the alleged incident dated 4th March 2007. It has therefore been found that the alleged possession on 7th March 2007, 8th March 2007 and 9th March 2007 cannot be said to be committed during the same transaction relating to the incident dated 4th March 2007 is concerned. Not only this, the learned Judge has also given opportunity to the prosecution to prosecute the said accused Nos. 8 to 15 separately, if so desired. 3. In that view of the matter, no perversity is found in the order. No interference is warranted. Rejected. (B. R. GAVAI, J.)