..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1392 OF 2007 [LEAVE TO APPEAL] IN CRIMINAL APPEAL NO. OF 2007 The State of Maharashtra. ..Applicant. Versus Phulabai Narayan Dighe. ..Respondent. .... Mr.Y.S.Shinde, APP, for the Applicant-State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 3rd June, 2008. DATED : 3rd June, 2008. DATED : 3rd June, 2008. P.C.: 1. The applicant-State of Maharashtra has filed this application for leave to file appeal against the judgment and order dated 20th June, 2006 passed by the learned Addl. Sessions Judge, Karad in Sessions Case No.44 of 2001. By the said judgment and order, the learned Sessions Judge acquitted the respondent-orig. accused of the offences punishable under Sections 8(C) and 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Heard the learned APP for the ..(2).. Applicant-State. Perused the judgment and order of the learned Sessions Judge as well as the evidence which has been produced by the learned APP. 3. The prosecution case is that respondent was found walking on the road with a sack on her head. On suspicion the police accosted her. The sack was found containing some substance, which the police suspected to be ganja. The sample was taken from the said sack and sent to C.A. and the C.A. report stated that the said substance was ganja. 4. In the present case the panch witnesses have turned hostile. Raid was conducted by the Local Crime Branch, Karad, however, the samples and the C.A. report on which reliance was placed show that the sample pertains to Karad Town Police Station. The officers have categorically stated that on the sample seal of LCB, Satara was put. However, the sample received from the CA show that the seal on the sample were of Karad Town Police Station. In view of this, the learned Sessions ..(3).. Judge observed that this raises doubt as to whether the sample which was sent to the C.A. was the same sample which was taken by the LCB. Hence the learned Sessions Judge held that the prosecution has failed to prove beyond reasonable doubt that the sack or gunny bag found with the lady accused contained ganja. 5. Looking to the evidence on record, I am of the opinion that the view taken by the learned Sessions Judge is a reasonable and possible view. Hence, no interference is called for. Application for leave to file appeal is rejected. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)