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K.N.SAIKIA, S.RANGNATHAN
M. Ahamedkutty – Appellant
Versus
Union of India – Respondent


JUDGMENT

K.N. Saikia, J. - Special leave granted.

2. After the Appellant landed at Trivandrum Airport from Abu Dhabi, he was intercepted by the customs officials detecting that he smuggled 13 gold sheets weighing 1280 gms. valued at Rs. 4,26,240/- concealed inside the plywood panels of his blue suitcase which was seized along with his two passports, old and new. He was arrested on 31-1-1988 and was produced before the Chief Judicial Magistrate (Economic Offences), Ernakulam who remanded him to judicial custody till 12-2-1988. On 12-2-1988 he was granted bail on condition, inter alia, that he would report before the Superintendent (Intelligence) Air Customs, Trivandrum on every Wednesday until further orders, and that he would not change his residence without prior permission of Court to "25-2-1988." The impugned detention order dated 25-6-1988 was passed by the Home Secretary, Government of Kerala. It stated that the Government of Kerala was satisfied with respect to the appellant that with a view to preventing him from smuggling gold it was necessary to detain him and, therefore, in exercise of powers conferred by Section 3 (1) (i) of the Conservation of Foreign Exchange and Preve

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