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Issues:
1. Detention of the individual for smuggling goods. 2. Allegations of non-application of mind by the Detaining Authority. 3. Contention regarding the grant of bail by the High Court. 4. Circumstances surrounding the detention order and grounds for detention. 5. Mala fide intention and conduct of the detenu in smuggling gold and currency. 6. Placement of bail application before the Board for consideration. 7. Imposition of stringent conditions during bail and its impact on preventing repeat conduct. 8. Application of mind by the Detaining Authority in light of bail application. Analysis: 1. The detenu, a resident of New Delhi, was arrested at Calcutta Airport for smuggling gold bars secreted in his rectum. He was remanded to jail custody and subsequently granted bail by the High Court. However, he was later detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 based on the recovery of gold bars and currency from his possession. 2. The Detaining Authority issued the detention order to prevent smuggling activities, supported by the recovery of gold bars and currency from the detenu. The detenu contested the allegations, claiming coercion and denying the smuggling accusations. The detenu's lawyer argued non-application of mind by the Board due to the omission of the bail grant information. 3. The detenu's lawyer contended that the grant of bail by the High Court indicated satisfaction with preventive measures, including stringent conditions. The lawyer argued that the Board was aware of the bail application, suggesting no lack of consideration in the detention order. 4. The affidavit affirmed by the Detaining Authority detailed the detenu's actions, including carrying gold and currency without permits, attempting to avoid customs checks, and planning to sell the gold in New Delhi. The detention order was based on these actions and the subsequent investigation. 5. The detenu's conduct in smuggling gold bars in a covert manner indicated mala fide intentions, supporting the Detaining Authority's decision. The method of concealment and lack of valid permits demonstrated intent to evade customs regulations. 6. The Customs Authorities confirmed that the bail application and order were presented to the Board for consideration, indicating transparency in the process. 7. Stringent conditions imposed during bail aimed to prevent repeat offenses, highlighting the effectiveness of preventive measures. The Detaining Authority's decision was supported by the awareness of the bail application and the conditions set by the High Court. 8. The Court found no reason to interfere with the detention order, concluding that the Detaining Authority had applied its mind considering all relevant factors, including the bail application. The petition was rejected, and the rule was discharged, upholding the detention of the detenu.
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