STATE OF MAHARASHTRA Vs. ANNU BALU KHOT

JUDGEMENT

(1.) Heard learned APP for the appellant - State and counsel for the respondents - original accused.

(2.) This is an Appeal by the State against the acquittal of the accused under the Narcotic Drugs and Psychotropic Substances Act and Bombay Prohibition act, being found in possession of ganja.

(3.) At the outset, counsel for the respondents - accused pointed out that this is an appeal against acquittal, the acquittal being recorded by the Sessions Judge, kolhapur, on 13th June, 1990, and, therefore, unless the prosecution succeeds in showing that judgment of the acquittal is perverse, the Court should not interfere with the said judgment. He drew our attention to paragraph 10 of the judgment, which is reproduced as under :