1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 720 OF 2008 Vivian Nehme ...Petitioner versus The State of Maharashtra & ors .....Respondents Mr. T.K. Sayed for the petitioners Mr. D.N.Salvi for Respondent no.1. Mrs. U.V.Kejariwal APP for State. CORAM; BILAL NAZKI & A.P. DESHPANDE, JJ. DATED; 7TH APRIL, 2008. P.C.: 1. The petitioner wants that she should be allowed to leave the country. She is a national of Australia and was holding a valid viza in India when she was arrested for offence under NDPS Act. She was tried and eventually she was acquitted by the court by judgment dated 17-12-2007. It is submitted by the learned counsel for the petitioner that the petitioner will be able to leave the country only, if the passport is stamped and if she is given an exit permit by the union of India. Therefore the respondent should be directed to allow her to leave the country. 2. The learned APP appearing for the State submits that still they have not been able to get the judgment of the trial court and the appeal period is six months and the State wants to examine the matter after the judgment copy is received, as to whether an appeal should be 2 filed or not and if in the meanwhile the petitioner leaves the country, it would be difficult to get her back, if an appeal is filed. This apprehension appears to be quite reasonable and in these circumstances, we do not think at this stage, we can grant the prayer made by the petitioner. However, in the interest of justice, we direct the learned Judge, being a special Court appointed under NDPS Act, who acquitted the petitioner, to give a copy of the judgment within a week from today to the prosecution as well as to the defence side and the prosecution may consider that whether an appeal is to be filed or not and if they decide to file an appeal, they shall file the same within three weeks after receiving the copy of the judgment. With these directions, the petition is disposed of. 3. The learned APP may serve the appeal papers, if they file an appeal eventually, to the petitioner through the counsel, who is appearing in this petition, which the learned counsel has agreed. (BILAL NAZKI J.) (A.P. DESHPANDE J.)