Judgment

S. C.AGRAWAL, J.:- In this writ petition the petitioner is seeking to challenge the validity of his detention on the basis of order dated December 12, 1989 passed under Section 3(l) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act) by the Joint Secretary to the Government of India.

2. The petitioner arrived at Madras International Airport on September 30, 1989 as a passenger from Singapore by Singapore Airlines Flight SQ 410. He was travelling under passport No. G 035015 in the name of Mohammed Ali. While he was waiting for customs clearance he was intercepted by an Air Intelligence Officer on suspicion that he might carry gold or any other contraband goods. He was questioned and he admitted having kept concealed gold bars in his body and volunteered to eject the same through his rectum. He was taken to the Gents toilet situated in the arrival hall of the Airport where he ejected two black colour adhesive tape bundles. On examination one bundle was found to contain 4 gold bars of 10 tolas each and the other bundle was found to contain 3 gold bars of 10 tolas each. All the gold bars were with foreign