( 1 ) THIS writ petition by the father of the detenu detained under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA, for short), was referred to a Special Bench, since, a doubt was raised about the correctness of the principle of law stated in a Bench decision of this court in Kantilal Jain v. Union of India, W. P. H. C. No. 79 of 1979. In the said decision it was held that a detenu had no right to have legal consultation before he makes any representation against the detention under COFEPOSA.

( 2 ) ON 24-4-1989, the detenu was driving a car from Mandya to Bangalore. On the way, the car was intercepted by the Officers of the Directorate of Revenue Intelligence, who had credible information that contraband gold was being carried on the said car. On a search, in all 84 gold biscuits of foreign origin (9. 79 Kgs.) valued at Rs. 31,24,800/ - were recovered, and were seized. Detenu's statement was recorded. According to him, inter alia, the gold pellets were given to him by a Malayali at Mandya, whose name he did not know; detenu was to sell them for commission and that one Bhagavati of Bangalore had agree