- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.782 OF 2009 in CRIMINAL APPEAL NO.162 and 325 OF 2007 Mrs Zainab Bte Yousuf & anr .. Applicants vs State of Maharashtra & anr .. Respondents Ms.Nilopher Syed for Applicants Ms.S.D.Shinde APP for Respondents .. CORAM: R.V.MORE, J DATED: August 5, 2009 P.C. 1. Heard Ms.Syed for the applicants and Ms.Shinde APP for the State. Ms.Syed seeks leave to amend the prayer clause. Leave granted. Amendment to be carried forthwith. 2. By a common order dated 30th January 2009 Criminal Appeal No.172 of 2002 along with Criminal Appeal No.325 of 2007 came to be allowed and the conviction of the applicants under the N.D.P.S.Act was set aside and the applicants were acquitted of the offences with which they were charged. The present Criminal Application is filed pointing out that at the time of arrest an amount of 1500 US dollars consisting of 15 notes of 100 US dollars was - 2 - seized from applicant no. 1 under a panchanama at Exhibit 56. However, in the operative part of the order there is no direction about return of this amount. It is submitted that in view of the acquittal of the applicants, the said amount is required to be returned to the applicant no.1. The learned APP for the respondent- State has no objection to return the above amount in view of the acquittal of the applicants. 3. In view of the acquittal of the applicant of the offences with which they were charged the amount of 1500 US Dollars i.e.Article 5 (collectively) shall be returned to the applicant no.1. Criminal Application is disposed of accordingly. R.V.More, J - 3 - - 4 -