CHIMANLAL DHARAMDAS SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) One Vinod Shah was arrested by the Customs Department for having been found on possession of a gold bar at the time when he landed from Singapore. This was on 14th August, 1984. The matter was under investigation and the remand papers were presented before the Metropolitan Magistrate. The said Vinod Shah was not granted bail earlier.

(2.) It appears that the said vinod Shah was also detained under the provisions of COFEPOSA and while he was in custody under the Customs Act as well as in detention under COFEPOSA, his wife had fallen sick and he was requesting for a short parole from the jail authorities. The Government of Maharashtra granted him weeks parole but he could not avail of the same, since he was also under arrest under the Customs Acts.

(3.) The said Vinod Shah then applied to the Metropolitan Magistrate for grant of bail and the Magistrate was pleased to grant him bail in the sum Rs. two lakhs. The present petitioner Dr. Chimanlal Shah is father of the said detenu. The petitioner stood surety before the Metropolitan Magistrate on behalf of his son in the sum of Rs. two lakhs. After securing bail the said Vinod Shah was released from the jail. It appears that shortly thereafter the said Vinod Shah absconded and is not yet traced.