TMI Blog2016 (10) TMI 668X X X X Extracts X X X X X X X X Extracts X X X X ..... by Sri Sajeet Kumar Singh, learned counsel for the applicant, Sri Deepak Seth, learned counsel appearing for the complainant - opposite party. 2. It is contended by Sri I.B. Singh that offence is triable by Magistrate Ist Class. Applicant has been framed. No prohibited item was recovered from the possession of the applicant and in any case recovered item is not prohibited as it was not impor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Gold was brought from Nepal which is not permitted. 5. Keeping in view the maximum sentence provided in the offence and submission that possession of Gold, if not imported through Nepal, is not unauthorized, as the submission is, in the opinion of the Court, no useful purpose would be served by detaining the applicant in jail in any more, keeping in view the ratio of judgment given by Apex C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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