JUDGMENT

Ruma Pal, J.-Leave granted.

2. The appellant has challenged his detention pursuant to an order dated 28th September 2001 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act ).

3. Prior to his detention under the impugned order, the appellant has been arrested on 5th July 2001 by the Customs officers at the Indira Gandhi International Airport, New Delhi on the allegation that he had smuggled 40 mobile telephones. The mobile phones were found hidden in a microwave oven. The microwave oven as well as the mobile telephones were seized and the collective value of the seized goods has been stated by the respondents to be Rs. 5,16,000/-.

4. At the time of his arrest, the appellant handed over his passport to the customs authorities. In the appellant s statement under Section 108 of the Customs Act, 1962, it was stated by the appellant that the appellant was an employee of M/s B.D. Denim. The appellant had also stated that he had made six trips to Dubai between 30th May 2000 to 3rd July 2001 at the instance of the proprietor of M/s B.D. Denim and that except for the first occasion, th