1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.1617 of 2008 IN Criminal Appeal No. of 2008 Union of India .. .. Applicant v/s. 1.Mohd. Shafiq Mohd. Tarve & ors. .. Respondents Mr.R.F. Lambay, PP for Applicant-UOI. Mrs.V.R. Bhosale, APP for State. ----- CORAM : B.H. MARLAPALLE & SMT.ROSHAN DALVI, JJ. Dated : 23rd July, 2009 P.C. : 1.Heard Mr.Lambay, the learned Public Prosecutor for the Union of India, which is the Applicant before us. 2.In NDPS Special Case No.122 of 2000, in all four accused were put on trial before the learned Special Judge (under NDPS Act, 1985). As per the order dated 3rd November 2007, accused Nos.3 and 4 came to be acquitted for the offence punishable under Section 8(c) read with Sections 22 and 29 of NDPS Act, 1985. Against the said order of acquittal, the Union of India has filed this Application seeking leave to appeal under Section 378 (3) of Criminal Procedure Code. 2 3.Notices were issued by this Court and they could not be served. Even non-bailable warrant was directed to be issued and it has been returned without execution. The report submitted by the Intelligence Officer of the Directorate of Revenue Intelligence, Mumbai (Zonal Unit), states that warrant could not be executed as the accused-respondents were not traceable on the known address. Mr.Lambay, the learned PP, submitted that despite all reasonable steps being taken, the Directorate of Revenue Intelligence has not been able to trace accused Nos.3 and 4 till this date. He, therefore, seeks leave to withdraw this Application with liberty to approach this Court as and when accused Nos.3 and 4 or any one of them is traced. 4.Hence, leave is granted and the Application is disposed as withdrawn with liberty to approach this Court. [B.H. MARLAPALLE, J.] [SMT.ROSHAN DALVI, J.]