Herd Mr J.M. Choudhury, learned senior counsel for the petitioner and Mr N. Mahammad, learned public prosecutor, I have also perused the case diary.

2. According to the FIR lodged in this case of 9.7.2001 at about 1300 hrs. one No. of 22 inch live round was recovered from the accused petitioner Mr Vanrammawia Lailet of Indian Airlines Flight No. IC-230, seat No. 2IF bound to Kolkata during his physical checking by CISF personnel at pre-embarkation check area without having any valid licence. A case u/s 25(lB)(a) of the Arms Act, 1959 was registered. The offence thereunder is punishable with imprisonment for a term which may extend to three years. Mr J.M. Choudhury, learned senior counsel submits that such an offence is bailable in view of, the Apex Court decision in Rejeev Choudhury-Vs-State (NCT) of Delhi 2001(2) Crimes 303(SC) wherein it has been held:

"5. From the relevant part of the aforesaid sections, it is apparent that pending investigation relating to an offence punishable with imprisonment for a term 'not less than 10 years," the Magistrate is empowered to authorise the detention of the accused in custody for not more than 90 days. For rest of the offences, p