Judgment

K. JAYACHANDRA REDDY, J.:- Leave granted.

2. This is an appeal see king a writ of habeas corpus. The appellant who has been detained under Sections 3(1)(i) and 3(1)(iii) of the COFEPOSA Act, 1974, has challenged the detention order. The appellant is a native of Panakkad, Malapuram District in Kerala and had been to Jeddah after his Haj pilgrimage and from Zeddah he landed in Bombay on 15-9-8-7. Then he started by a bus to go to his native place. On 17-9-87 the Customs Officials intercepted the bus near Thiruvannoor and in the presence of panch witnesses, a search was conducted on the person of the appellant and the chappals worn by him were inspected and on their being opened up about 13 gold ingots with foreign markings were found and they were duly recovered. Further some incriminating documents were also recovered. The gold was valued at Rs. 4,64,95 1 / - and it was found to be smuggled gold. The appellant was interrogated by the Superintendent of Customs and a statement of the appellant was recorded. He confessed that he was introduced to a person who promised to give him remuneration provided he carried the gold to India and appellant agreed and carried these gold bisc