JINTABI Vs. STATE

JUDGEMENT

(1.) Considered case diary.

(2.) It is the submission of Shri A. H. Khan, that prosecution case itself shows that the applicant and her husband Sabir Ahmed were in the concerned house when the raiding party visited it and after seeing the arrival of the raiding party, Sabir Ahmed ran away. He pointed that as the husband ran away, this applicant was arrested by the raiding party and now she has been put to face the prosecution along with her husband Sabir Ahmed. These facts indicated by the prosecution case have not been denied by Shri Desai because they are consistent with the case diary.

(3.) Shri A. H. Khan argued that there should be material on record to come to conclusion that the applicant was in exclusive possession of house where narcotic drug was found and should be in exclusive possession of Narcotic Drug. He placed reliance on the judgements of this Court in the following cases :