JUDGMENT

K. N. Saikia, J.- Mr. Kubic Dariusz, a Polish national holding a polish passport arriving Calcutta by air from Singapore via Bangkok was arrested on 29-4-1989 under Section 104 of the Customs Act, by the officers of the Customs Department attached to Calcutta Airport, on the ground that he was carrying in his possession foreign gold weighing about 70 tolas. On 30-4-1989, he was produced before the Chief Judicial Magistrate, Barasat who remanded him to jail custody, till 15th May, 1989. He was interrogated by Intelligence Officer when he made, corrected and signed his statements in English. His application for bail was rejected by the Chief Judicial Magistrate. While still in custody he was served with the impugned detention order dated 16-5-1989 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, hereinafter referred to as 'the COFEPOSA -Act' along with the grounds of detention. On 24-5-1989 he was granted bail by the Calcutta High Court but the same could not be availed of because of the detention order which is now being challenged in this petition.

2. The detention order was passed with a view to preventing the d