Criminal Appeal No. 73 of 2008. 10-4-2008: Present: Mr. R.M. Bisht, Deputy Advocate General, for the appellant. Mr. N.K. Sharma, Advocate, for the respondent. Cr.M.P.(M) No. 203 of 2008. Heard. Delay condoned. Cr.M.P. (M) No. 204 of 2008. Heard and gone through the record. Respondent was charged with and tried for an offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act for allegedly possessing 140 kg of poppy straw contained in four bags. The facts which led to the trial of the respondent were that on the night intervening 24th and 25th of May, 2006, his Maruti Car caught fire at a place “Gondpur Bhulla” in Una District and that at a distance of about 100 mtrs from the site where the car caught fire, four bags containing poppy straw were found hidden in the shrubs. The respondent is not the owner of the site where the aforesaid bags were found hidden. There is no evidence that the four gunny bags had been removed from the burning car. Also there is no evidence that the respondent was present in the Car or on the spot when the car caught fire. We have seen the photographs of the gunny bags which are available in the record with the learned Deputy Advocate General. There is no mark of burning or charring on any of the four bags which we clearly see in the photographs. Therefore, it cannot be presumed that the four bags were removed from the burning car. In view of what we have noticed herein above, it cannot be said that this is a fit case for grant of leave to appeal. Hence the application is dismissed. Since the leave to appeal has not been granted, the appeal is dismissed. (Surjit Singh) Judge. (Surinder Singh), Judge. April 10, 2008. (bm)