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H.C.GOEL
Bankesh Kamilya (Karmakar) – Appellant
Versus
Union of India – Respondent


JUDGMENT

H.C Goel, J. -This writ petition under Art. 226 of the Constitution of India has been filed by Bankesh Kamilya (Karmakar), detenu, praying for the quashing of the order of detention dated June 26, 1986 passed by Shri S.K. Joshi, Secretary to the Government of Indi1, Ministry of Finance, New Delhi against the petitioner under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the Act). The brief facts leading to the passing of the order of detention are that the Customs Officers of the Preventive Detention Unit, West Bengal, Calcutta on information received had kept a vigil on May 10, 1987 at Howrah Station, Platform No. 12. The petitioner was intercepted. On preliminary checking of the petitioner some gold biscuits were found concealed in the rexin bag, which the petitioner was holding. Five pieces of gold biscuits of foreign origin weighing 10 tolas each, were recovered from the bag of the petitioner, which was certified by a certified goldsmith to be pure gold, each weighing 116.550 gms. The report from the Chemical Examiner was also obtained regarding the biscuits. That report was, however, not placed before

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