IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.930 OF 2008 Union of India Commissioner of Customs )..Applicants Versus Ms.Le Molgne Dometile & Anr. )..Respondents ---- Mr.Y.R.Mishra for the applicants. Mr.S.R.Shinde APP for the respondent/State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 8.7.2008. PC 1. This is an application for leave to appeal. Respondent has been acquitted of various offences under Narcotic Act. On perusal of the judgment, it is found that the acquittal was on the basis that though the respondent was allowed to check-in at the air-port, ultimately when her bag was checked, it was found to be unlocked. There was also no security strap found on the bag of the accused. The Court has held that the witness from the prosecution i.e. panch witness (PW 14) stated that every bag required to be checked-in was required to have a security strap. Prior to the seizure, there was occasion to tamper with the bag as the bag has gone out of the control of the accused. It is found from the evidence on record that bag was in open : 2 : condition without security strap. In this view of the matter, judgment cannot be faulted. Hence, leave refused. Application disposed off. Consequently, appeal papers to be filed. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)