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1980 Supreme(Gau) 27

K.N.SAIKIA
GOKUL DAS – Appellant
Versus
STATE OF ASSAM – Respondent


JUDGEMENT

1. This criminal revision application is directed against the order dated 6-3-1978, passed by the Sessions Judge, Kamrup, Gauhati, cancelling the bail granted to the accused-petitioner by the Chief Judicial Magistrate by his order dated 3-3-1978 in G.R. Case No. 725 of 1978, which relates to possession and carrying of 259 KGs of ivory purchased from the Forest Department, Assam by one Samson Das and subsequently sold to the petitioner for Rs. 1,18,000/-.

2. On a bail petition moved before him, the Chief Judicial Magistrate by his order dated 3-3-1978 allowed the accused-petitioner to go on cash bail of Rupees 8,000/- "as he is a man from outside the State". Later, on, Sri Brij Das, deposited the entire Rs. 8,000/- in cash which was received by the Assistant Nazir and was kept in safe custody. It appears from the records that no bond was executed at this stage.

3. On 4-3-1978, an application was moved before the learned Sessions Judge, who fixed 6-3-1978 for its hearing. It appears that some attempt was made to serve notice on the petitioner at the Rajhansh Hotel, where he hitherto stayed; but he was not found there, he having left the hotel in the meantime. On 6-3-1978, the




















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