Judgment

O. CHINNAPPA REDDY, J. :- Special leave granted.

2. Sitaram Somani is under detention pursuant to an order dated June 4, 1985 made by the State of Rajasthan under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. Earlier, on 1st January, 1985, the officers of the Customs Department recovered eight foreign gold biscuits from Om Parkash Soni and immediately thereafter searched the residence of Sitaram Somani and recovered thirty six foreign gold biscuits from a steel case in an almirah in the house. 12,100 US dollars were also recovered. A statement was recorded from Sitaram Somani. Sitaram Somani and Om Prakash were arrested and produced before the Additional Chief Judicial Magistrate on 2nd January, 1985. Bail was refused by the Magistrate. But thereafter on applications made by the two accused persons, the High Court of Rajasthan granted bail to both of them subject to certain conditions. One of the conditions was that the two accused should not leave India without the permission of the, learned Sessions Judge. The passports of the accused had already been seized by the Customs Department. The accused were at large from Januar