Judgment

K. JAYACHANDRA REDDY, J. - Leave granted in S. L.P. (Crl.) No. 1484/ 93.

2. In both these matters, Noor Salman Makani who is detained under Section 3 of the COFEPOSA Act, 1974 (Act for short) is the petitioner. The petitioner is a citizen of India. On 26-8-92 he was travelling from Calcutta to Hongkong by Thai International Airways Flight No. TC-314. After completing the immigration formalities, he approached the customs counter for clearance. The Customs authorities opened his brief case and recovered huge quantities of foreign exchange of various countries, the value of which is estimated at Rs. 38,06,930 / -. On 27-8-92 he was produced under arrest before the C.J.M., Barasat and his application for bail was rejected. On 19-9-92 an order of detention dated 18-9-92 was served on him in the jail along with the grounds of detention. On 1-10-92 a declaration under Section 9(1) of the Act was issued and the same was served on the detenu on 13-10-92. On 15-10-92 the petitioner made a representation, to the Central Government against the declaration but the same was rejected. On 28-12-92 the petitioner made a representation before the Advisory Board but that was also rejected. Th