JUDGMENT

G.P. Mathur, J.-This petition under Article 32 of the Constitution has been filed for quashing and setting aside the detention order dated 21.1.2002 issued by Government of Kerala for detaining the petitioner T.P. Moideen Koya under Section 3(i)(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short COFEPOSA ).

2. The residence of one Pulikuth Hamzath Abdussalam @ Kunjumon was searched on 18.8.2001 and gold biscuit of foreign origin weighing 4430.8 grams valued at Rs. 19,80,567, Indian currency worth Rs. 15,24,500 and foreign currencies worth Rs. 1,39,360 were recovered and some incriminating documents and a computer with accessories were also seized. The statement of M. Mohammed Mustafa, a distant relative and employee of Kunjumon which was recorded on 19.8.2001 and the seized documents showed that petitioner Moideen Koya had dealt with 290 smuggled gold biscuits valued at Rs. 1.5 crores. He had transaction worth Rs. 18 crores with Kunjumon during the period 1.8.2001 to 15.8.2001. The Government of Kerala thereafter passed a detention order on 21.1.2001 for detaining the petitioner under Section 3(i) (iv) of the COFEPOSA. Th