Judgment

S. C. AGRAWAL, J.:- On December 1, 1992, after hearing Shri P. Krishna Rao, learned counsel for the appellant and Shri D. Dave, learned counsel for the respondents in this appeal, we passed the following order:

"For the reasons to be furnished later, we grant special leave, allow the appeal, set aside the judgment of the High Court allowing the writ petition filed by the appellant in the High Court, quash the order of detention No. SB. IV/PSA/1791/382(l) dated 21st February, 1991, and direct that the detenu be set at liberty forthwith unless he is required in any other case. Detailed reasons for the conclusion will follow."

2. We hereby set out the reasons for the said order :-

On December 10, 1990, a vessel MSV Naran Prasad "No. BHN - 4" was sighted by the customs officers during the course of patrolling near Kalukhar Island and it was seen to be proceeding towards Salaya. On the basis of information received earlier, the customs officers approached the said vessel and boarded it. The appellant was the tindel of the vessel and was present in it. On search of the said vessel, 25 jackets, each containing 100 gold biscuits, weighing 10 tolas each, were found in diesel tank. The