JUDGMENT :

N.J. JAMADAR, J.

1. By this petition under Article 226 of the Constitution of India, the petitioner-proposed detenu has assailed the legality and validity of an order of detention, dated 8th March 2018, passed by the Joint Secretary, Government of India, under the provisions of section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (‘the COFEPOSA Act’).

2. The petitioner has invoked the writ jurisdiction of this Court at a pre-execution stage of the aforesaid detention order in the backdrop of the following facts:

(i) On 27th September 2017, a container was examined at Mumbai Port and it was found that 38 Kg of foreign marked gold valued at Rs. 11.71 Crore was illegally smuggled. The persons concerned with M/s. Al Rehman Impex, the Clearing House Agents were arrested. During the course of investigation, it transpired that the petitioner herein was the principal controlling person of M/s. Rajeshwar Bullion Trading, which was involved in smuggling of gold. The petitioner gave an incriminating statement. The petitioner came to be arrested on 25th November 2017. On 22nd January 2018, the petitioner was ordered to be released on bail