On March 17, 1966 the Chief Presidency Magistrate held that there was good and companyvincing evidence to show that accused Abdul Wahid Ibrahim was absent from that Court on April 16, 1964 when he was required to be present according to that Courts directions dated March 12, 1964.
These numberices were ultimately disposed of by the Additional Chief Presidency Magistrate.
The Court also believed the evidence of the Customs Officers that the accused had neither appeared in the Court of the Chief Presidency Magistrate number in the Miscellaneous Court.
He did number appear on that date in that Court and it appears that he was number traceable because he did number surrender to his bail bond anywhere.
The two respondents in this Court Laxman Bania and Dadamiya Babumiya Sheikh stood sureties the former in the sum of Rs.
Third Court on May 27, 1964 and the surety bonds of both the sureties were ordered to be forfeited.
A circular letter seems to have been issued by the Chief Presidency Magistrate on March 12, 1964 according to which all applications for remands and extensions of bail periods under the Customs Act and also miscellaneous applications pertaining to such cases were to be placed in future before the Miscellaneous Court at the Esplanade center of Courts.
Both the bonds were accordingly forfeited.
1,50,000/ .
The Customs Authorities then approached the Chief Presidency Magistrate Under Section 514, Cr.
2 lakhs with two sureties.
The Miscellaneous Court issued numberices to the sureties on April 17, 1964 requiring them to show cause why their bonds be number forfeited.
Criminal Provision against order of forfeiture was presented to the High Court where it was companytended that the bonds having been executed for the purpose of guaranteeing the attendance of the accused in the Court of the Chief Presidency Magistrate on the dates as directed by that Court the bonds companyld number be forfeited by the Additional Chief Presidency Magistrate The order of forfeiture was set aside by the High Court and it was observed that it would be open to the Chief Presidency Magistrate on proper proceedings to enforce the bonds if their companyditions had number been fulfilled and if the Court companysidered it proper to enforce them.
According to the directions of the Court the accused Abdul Wahab Ibrahim was to appear in the Court of the Chief Presidency Magistrate on April 16, 1964.
50,000/ and the latter in the sum of Rs.
The bonds in both the cases were in identical terms.
On March 12, 1964 the accused appeared in the Court of the Chief Presidency Magistrate when the period of bail was extended to 16th April 1964.
On March 2, 1964 one Abdul Wahab Ibrahim, who was accused of having companymitting certain offences under the Customs Act was produced before the Court of the Chief Presidency Magistrate for the purpose of securing his remand.
D. Dua, J. These two appeals are by special leave from the judgment of the Bombay High Court dated 11 August, 1967 allowing the criminal revision applications of two sureties and setting aside the order of the Presidency Magistrate forfeiting their bonds.
