I.S. Israni, J. - (1.) HEARD learned Counsel Shri N.C. Chaudhary and Shri B.K. Pathak for non -petitioner Jamaluddin Rav.
(2.) THIS is an application under Section 439(2) Cr.PC for cancellation of bail granted by learned Sessions Judge, Jaipur City in Cr.Misc. Bail Application No. 31 of 1988 arising out of Criminal Case No. 2 of 1988 pending in the court of Chief Judicial Magistrate, (Economic Offence) Rajasthan, Jaipur for the offence under Section 56 of Foreign Exchange Regulation Act. The contention of Shri Chaudhary is that the non -petitioner is regularly conducting anti national activities by distributing Indian currency to people living in India in lieu of foreign currency paid in foreign countries. He acts as an agent and causes financial losses of foreign exchange to the country. Another ground on which bail is sought to be cancelled is that he did not produce passport when apprehended and thereafter also.
(3.) IT is further submitted by the learned Counsel that the non -petitioner has been again arrested under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short COFEPOSA Act) and is presently in custody from 8 -3 -1988. It is, therefore, submitted that he is a habitual offender and carries on anti national activities regularly and therefore, does not deserve to have concession of being on bail.;