1 CR.APLN.3591.2009.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3591 OF 2009 Sanjay Gokhale Inspector of Customs, Pune ...Applicant Vs. Gorakh Kashinath Tekale ...Respondent Ms. Y.N. Katpitia, Spl. P.P., for the Applicant Mr. S.A. Shaikh, A.P.P for the State CORAM: SMT. ROSHAN DALVI, J. DATED : 28TH APRIL 2011 P.C. 1. The application has been served upon the Respondent on 10th December 2009. Despite service Respondent is absent. 2. The Applicant has challenged the judgment of acquittal of the Respondent in Narcotic Drugs & Psychotropic Substance Act, 1985 (NDPS Act). The Applicant essentially relies upon the 7x12 extract of the Respondent’s property where Ganja is stated to have been planted by the Respondent is stated to have been recovered. House of Respondent situated in Ghat No.500/3/C, which is shown to be belonging to the Respondent. 7X12 extract do not show the crops which were stated to be grown on the land amidst of maize and sugarcane were grown. However since the house is shown in 7x12 extracts the property of the Respondent is established. Planting of Ganja would, therefore, have to 2 CR.APLN.3591.2009.sxw be seen. 3. The learned Judge has considered and rejected the statement of the accused made under Section 67 of the Narcotic Drugs & Psychotropic Substance Act, 1985 (NDPS Act), that statement also requires reconsideration in view of its total rejection. 4. Leave to appeal is granted. 5. Appeal to come up on board for admission on 16th June 2011. 6. Applicant to serve the Respondent once again. In view of the aforesaid short points involved, the notice shall state that the appeal shall be taken up for final hearing at the stage of admission. (SMT. ROSHAN DALVI, J.)