GOKUL DAS Vs. STATE OF ASSAM

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.) AGAINST this order, this Rule was obtained on 22 -3 -78 and this Court was pleased to stay the operation of the impugned order, subject to the condition that the petitioner shall make himself available if and when required by the police during investigation.