JUDGMENT

K. Jayachandra Reddy, J. - Common questions arise for consideration in these two writ petitions filed under Article 32 of the Constitution of India seeking writ of habeas corpus for quashing the orders of detention and for immediate release of the detenus. First, we shall deal with Writ Petition (Crl.) No. 105 of 1991.

Writ Petition (Crl.) No. 105 of 1991

2. The Petitioner-detenu is a foreign national being a resident of Republic of Maldives. On 25-10-1990 he landed at Trivendrum Airport from Male and was moving towards the exit gate of the Customs Import Baggage Hall. He was intercepted by the Air Customs Officers and on examination he was found to be carrying 50 gold biscuits of foreign origin which were seized from either side of the handle inside the lock system of the red colour suit-case belonging to the petitioner. His passport and other documents were also seized. The petitioner's statement was recorded under Section 108 of the Customs Act, 1962 wherein he is alleged to have confessed the guilt. After the arrest he was produced in the Court of Chief Judicial Magistrate, Trivendrum and was remanded to judicial custody for a period of 14 days. Thereafter he was shift