Judgment M. KAPUR, J, J. ( 1 ) THIS petitioner is facing trial for the offence under section 145 of the Customs Act. In brief, the facts are that from one truck No. G. J. 7t-7115 about 94 Kg. silver was recovered when it was proceeding from Barmer to Palanpur (Gujrat ). The driver of the truck was Nimbarab and another person Bukhram was also sitting in it. These persons were arrested and in their statements they stated that the silver was sent by one Surajdan and Bhimaran and the present petitioner Nimdan had assisted in loading the silver in the truck. ( 2 ) IT has been contended that Nimbaram and Bhukaram who were in the truck when the silver was recovered, have been released on bail by the Sessions Judge and the role of this petitioner is very minor, Silver was not recovered from his possession and it was only for earning some money that this petitioner associated himself with the transport of silver. Reliance has been placed on 1991 (R. C. C) 282. 1 ( 3 ) LEARNED counsel for the customs Department has contested this application and contended that this petitioner in his statement stated that earlier also he had worked for carrying of gold and silver from one place to another. Reliance has been placed on 1992 Crimes (iii) 9282 and 442. ( 4 ) LOOKING to the facts and circumstances of the case and their part attributed to this petitioner it can be said that silver was not recovered from his possession but he had loaded the same in the truck. ( 5 ) CONSIDERING that the investigation is over and complaint has been filed this petitioner can be released on bail on proper conditions:it is, therefore, ordered that accused petitioner Nimbaran Sb Jagdan be released on bail provided he furnishes a personal bond in the sum of Rs. 20,000. 00 (Rupees Twenty thousand) the two sureties in the amount of Rs. 10,000. 20,000. 00 (Rupees Twenty thousand) the two sureties in the amount of Rs. 10,000. 00 each to the satisfaction of the trial Court with the stipulation to appear in that Court as and when called upon to do during the pendency of the trial against him in this case, with the conditions that: (i) petitioner shall not keep any gold or silver or any other smuggled article in his possession: (ii) He shall not transport any such article; (iii) he shall not associated himself in any manner with the movement of such articles. ( 6 ) CONSIDERING the facts it is found necessary to look into the order granting bail passed in Nimbaram and Bhukaram case who were in the truck when silver was recovered. ( 7 ) THIS order has been passed by Shri Om Prakash Sarma. District and Sessions Judge, Jaipur City Jaipur. After reading the order it appears that while placing the reliance on the case of Chandan v. State and another, cited above he has not cared to look into the facts and circumstances of the case. In that case it could not be said that silver had been recovered from the exclusive possession any of the accused. Therefore it is considered proper to issue notice to Nimbaram and Bhukaram as to why the bail granted to them should not be cancelled. These notice should be sent to the Chief Judicial Magistrate (Economic Offences) Jaipur for the purpose of service on these two persons at the time of hearing of the case. They should be directed to appear before Court on 9th February, 1993,.