JUDGMENT

Jahagirdar, -J. The petitioner is a Zambian National who is at present in custody at Yervada Central Prison pursuant to an order of detention passed against him by the Government of Maharashtra on 29th of June 1984. That order of detention has been passed under Section 3(1) of the Conservation of foreign Exchange and Prevention of Smuggling Activities Act, hereinafter referred to as the "COFEPOSA Act" the material which bas come on' record in this case shows that the petitioner is an official of Zambian Airlines and was at the relevant time posted in Bombay. The order of detention passed on 29th of June 19H4 was based upon the grounds of detentions which were formulated on the same day. The Advisory' Board has confirmed the detention of the petitioner. Hence this habeas corpus petition under Article 226 of the Constitution.

2. The order of detention has been challenged on several grounds. It is necessary to briefly summarize the grounds as disclosed to the petitioner in order to understand the challenge made by the petitioner. In the early hours of 13th June 1994, the petitioner checked in two suit-cases meant for Zambian Airways flight No.781. After checking in the two su