1 appln 3094 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3094 OF 2010 The State of Maharashtra .. Applicant. -versus Subhash Phula Bidlal .. Respondent. Mrs. V.R. Bhosale, APP for the Applicant State CORAM: R.C. CHAVAN, J. DATED: 14th June, 2011 P.C. 1. This is an application for leave to file appeal against acquittal of the respondent rendered by the Additional Sessions Judge, Satara, for the offence punishable under Sections 8, 22 and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for having been found in possession of about 140 grams of Ganja. The learned Sessions Judge has observed that this was a case of chance recovery. The respondent was apprehended in a mob and taken to nearby sweet-meat shop where panchnama etc was done. The learned Judge found that the defence objection that evidence of sealing of the property was not proper since there is nothing to show from where the raiding party secured sealing material. He found that when the inventory was taken before J.M.F.C. Khandala, the learned Magistrate did not note presence of any labels bearing signatures of panchas in the 2 appln 3094 of 2010 property which he prepared. Therefore, the learned Sessions Judge held that since the case is equally poised in favour of prosecution and accused, the benefit thereof goes to the accused. The view taken cannot be said to be perverse or wrong. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)