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2019 (1) TMI 624 - HC - CustomsCancellation of bail - smuggling of red sanders - bailable offence - Held that:- Considering the facts and circumstances of the case and since the fact remains that the Learned Magistrate under the impression that the respondent committed the offence, which is bailable one and accordingly, granted bail to him, without ordering notice to the prosecution, however, the Learned Magistrate has not perused the remand report and the remand report reveals that the respondent/accused was booked under Section 135(1)(C) of the Customs Act, which is non-bailable one, therefore, issuing notice to the petitioner is mandatory - petition allowed.
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