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Issues:
1. Validity of detention order under COFEPOSA. 2. Consideration of bail condition by detaining authority. 3. Compliance with daily attendance condition. 4. Awareness of detaining authority regarding bail condition. The judgment by the High Court of Bombay concerned a petition challenging a detention order passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The petitioner was detained following the discovery of gold bars hidden in her person at the airport. The petitioner was initially granted bail by a Magistrate with the condition to attend the Customs Department daily. The detention order was issued without consideration of this bail condition. The detaining authority claimed awareness of the bail but failed to acknowledge the daily attendance condition. The court emphasized the importance of such conditions, especially considering the gender of the petitioner, and ruled that the detaining authority's lack of awareness of crucial facts rendered the detention order unsustainable. Consequently, the petition was allowed, and the detention was quashed, directing the petitioner's immediate release unless required in another case. The judgment highlighted the necessity for detaining authorities to consider all relevant factors before issuing detention orders under COFEPOjson.
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