[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.1768 OF 2007 IN CRI.APPEAL NO. OF 2007 The State of Maharashtra ..Applicant Vs. Mahadeo Ramchandra Salunkhe ..Respondent ... Mr.Y.S.Shinde APP for State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : MAY 05, 2008 DATE : MAY 05, 2008 DATE : MAY 05, 2008 P.C. P.C. P.C. 1. The Applicant-State has preferred this application for leave to file appeal against the judgment and order dated 16.1.2007 passed by the learned Vth Adhoc Sessions Judge, Satara in Sessions Case No.4 of 2005. By the judgment and order the learned Judge has acquitted the Respondent-accused of the offences under Sections 8(c), 20(b)(2), 25 and 29 of Narcotic Drugs and Psychotropics Substances Act, 1985 (NDPS Act). 2. I have heard the learned APP for the State. I have perused the evidence which has been produced by him as well as the judgment and order. [-2-] 3. Complainant PW 7 Patole received telephonic information that accused was carrying Ganja from Mhaswad towards Pusesavali side. Thereafter, the trap came to be arranged and the accused came to be arrested with approximately 4 kgs of Ganja. It is seen that Section 42(2) of NDPS Act has not been complied with. Moreover, all the panch witnesses have turned hostile. Taking this aspect into consideration, the learned Sessions Judge has acquitted the Respondent-accused. Looking to the evidence on record, I am of the opinion that the view taken by the learned Sessions Judge is a reasonable and possible view. Hence, no interference is called for. 4. In this view of the matter, application for leave to file appeal is rejected. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]