JUDGMENT

BHAGWATI, C.J.I. :— This is a writ petition filed by the petitioner for a writ of habeas corpus praying for revocation of the order of detention dated 11th April 1985 passed by respondent No. 2, Joint Secretary to the Government of India, against the petitioner under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA Act). We heard the writ petition on 18th September 1985 and after hearing the arguments advanced on both sides, we passed an order on the same date dismissing the writ petition. We now proceed, to give our reasons for making that order.

2. On the basis of information received by them, the Customs Officers at Panitanki Land Customs Station intercepted an auto-rickshaw bearing No. WGY-9854 coming from Nepal at about 8 a.m. in the morning of 20th November 1984. There were four occupants in the auto-rickshaw, namely, the petitioner, Raj Kumar Gupta, Prem Prasad Bothari, and Akadeshi Bahadur. These four occupants as well as the driver of the auto-rickshaw were searched by the Customs Officers in the presence of independent witnesses and as a result of the search, no contraband goods