KAMAL K CHADHA Vs. B S SUBHEDAR

JUDGEMENT

(1.) This Revision Application raises an important question in regard to the powers of the Court to cancel bail under S. 439(2) of the Cr.P.C., 1973.

(2.) Shri Samant, on behalf of the respondents at first stated that after the Rule is served in this matter upon the respondents, he would argue the matter fully; but later on he gave up this submission and stated that he would accept the Rule and argue the matter fully and final order an the is Revision Application should be passed.

(3.) The prosecution case is that on 17-7-1980 a truck bearing No. ASZ-6377 was intercepted by the Officers of the Directorate of Revenue Intelligence (hereinafter referred to as "D.R.I.") in collaboration with the Officer of the Land Custom Station, Patropole, on the Indo-Bangla Desh border, and it was found to contain 59 cases of snake skins valued at Rs. 44.40 lakhs along with 263 cases of fruit. The said 59 cases were declared by one Laxman Kumar Mishra of Calcutta to contain sweetlime. The 59 cases as also the 263 cases of fruit and the said truck were seized under the Customs Act, 1962. The said Laxman Kumar Mishra and his brother Bijoy Kumar Mishra were arrested. Interrogation of Laxman Kumar Mishra and Bijoy Kumar Mishra revealed that the petitioner Kamal Kishore Chadha had visited Calcutta towards the end of March 1980 or in the beginning of April 1980 and he had contacted them at Calcutta and planned out the operation of smuggling out of snake skins to Bangla Desh and from Bangla Desh to London. It further transpired that the petitioner had again visited Calcutta on 22-1-1980 to finalise the arrangements for smuggling out the snake skins.