MALIK SHARIEF-UD-DIN
SHYAM SUNDER AGARWAL – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) THE petitioner was detained pursuant to a detention order dated 4th of June 1987 passed by Shri S. K. Kohli, Joint Seretary to the Government of India, under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended ). The order of detention was passed with a view to preventing him from smuggling goods. This followed an incident dated 25th of March 19"" when one Sushil Kumar Agarwal, Parmeshwar Lal Karel and the petitioner arrived at Calcutta Airport from Hongkong via Bangkok. From all of them the customs authorities recovered some foreign made wrist witches and foreign marked gold. Further, some documents were recoveied showing some account of 13,000 U. S. dollars. From the petitioner the customs authorities recovered three gold biscuits and three wrist watches. The petitioner was arrested on the same day and was produced before the court of the Magistrate on 26th of March 1987 when he was remanded to judicial custody till 10th of April 1987. An application for bail was moved before the High Court of Calcutta which came to be rejected on 1st of April 1987. Another application for bail was rejected by t
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