ORDER

M.N. Rao, J, - An order dated 9.6.1992 passed by the specially empowered Officer under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter referred to as COFEPOSA Act, directing the detention of one Pasumarthi Madhusudana Rao, hereinafter referred to as the detenu, under section 3(1) (i) and (iv) of the COFEPOSA Act is challenged in this writ petition by the detenu's wife.

2. On 19.5.1992 the detenu along with his son-Sekhar and cousin Pasumarthi Sivaramakrishna @ Shivaji alighted from the train Tirupati bound Howrah express at Kaikalur railway station at about 5 a.m. The Officers of the Central Excise in the reasonable belief that the above three persons were in possession of contraband gold attempted to stop and check them. But the same was resisted by the three persons. With the help of one Durga Prasad, Assistant Travelling Ticket Examiner on duty in S.E. Coach, all the three were put back in the train. When the train reached Vijayawada, all the three and Durga Prasad, Assistant Travelling Ticket Examiner were taken to the Officer of the Assistant Collector, Central Excise, for conducting search. The search of