JUDGMENT - A.V. SAVANT, J. :---This is a petition by Mahendra D. Mithani, brother of the detenu Ramesh Kumar Babulal Mithani. The detenu has been detained under the provisions of section 3(1) of the Conservation of Foreign Exchange Prevention of Smuggling Activities Act, 1974 (for short, COFEPOSA Act,) by an order issued on the 29th November, 1994. Declaration under section 9(1) of the said Act was issued on the 17th May, 1995. The period of detention is two years under the order dated 26th June, 1995 issued by the State Government.

2. The brief facts leading to the passing of the order of detention are as under. On the 17th July 1994, the detenu arrived from Singapore by Singapore Airways Flight No. SQ-412, at Bombay, on an Indian Passport. He was carrying two suit cases one hand-bag two plastic shopping bags. When questioned by the officer of the Bombay Customs Department as to whether he was carrying any valuables like gold, diamonds, integrated circuits etc., the detenu replied in the negative. The officer of the Customs Department again questioned the detenu as to whether he had concealed gold on his person, to which he replied in the negative. However, when his search was taken in the presence of panchas, 8 packets wrapped in adhesive tape containing heavy metal four other packets were recovered from his person. The eight packets were found containing 40 gold bars of 10 tolas each the remaining four packets were found containing 80 integrated circuits. The 40 gold bars totally weighed 4664 grams valued at Rs. 17,94,640 at the International Market Value and Rs. 21,40,776/- at the Local Market Value. They were seized by the Customs Officer under a panchanama since the same were smuggled into India and hence, were liable for confiscation under the provisions of the Customs Act, 1962. The 80 intergrated circuits totally valued at Rs. 24,000/- C.I.F. and Rs. 72,000/- Local Market Value were also seized as the same were not declared were liable for confiscation. The statement of the detenu was recorded on 17th July, 1994 itself under section 108 of the Customs Act, which disclosed that the detenu had made frequent trips to Hongkong and Singapore for shopping. From the facts and information collected, it transpired that the detenu had tried to smuggle the goods in contravention of the provisions of the Customs Act and that with a view to preventing the detenu from smuggling goods it was necessary to detain him under the provisions of sub-section (1) of section 3 of the COFEPOSA Act. The impugned order of detention was issued on the 29th November, 1994. On 2nd December, 1994 the Government of Maharashtra forwarded its report under sub-section (2) of the section 3 of the COFEPOSA Act to the Central Government. Since the detenu was absconding, the detention order could not be served immediately but was served only on 27th April, 1995. The State Government made a reference to the Advisory Board under section 8(b) of the said Act on 16th May, 1995. The declaration under section 9(1) of the said Act was issued by the Additional Secretary to the Government of India, Ministry of Finance, Department of Revenue, on 17th May, 1995. On the 18th May, 1995, the detenu made representations to four different authorities, viz. (i) the Detaining Authority; (ii) the State Government, (iii) the Central Government, A-N-D (iv) the Advisory Board. On 19th May, 1995, the Home Department of the State Government received the representation. The Detaining Authority also received the representation on the same day, considered it and rejected it on 19th May, 1995 itself. The rejection by the detaining authority was communicated to the detenu on May 20, 1995. On May 28, 1995, declaration issued under section 9 was served on the detenu. The representation dated 18th May, 1995 sent from Nasik by post was received in the COFEPOSA Cell of the Ministry of Finance, Department of Revenue, New Delhi, on 29th May, 1995. On 30th May, 1995 the State Gov

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