JUDGMENT

K. Jayachandra Reddy, J. - Leave granted in S.L.P. (Crl.) No. 1484/93.

In both these matters, Noor Salman Makani who is detained under Section 3 of the COFEPOSA Act, 1974 ('Act' for short) is the petitioner. The petitioner is a citizen of India. On 26.8.1992 he was travelling from Calcutta to Hongkong by Thai International Airways Flight No. TC-314. After completing the immigration formalities, he approached the Customs counter for clearance. The Customs authorities opened his brief case and recovered huge quantities of foreign exchange of various countries, the value of which is estimated at Rs. 38,06,930/-. On 27.8.1992 he was produced under arrest before the C.J.M., Barasat and his application for bail was rejected. On 19.9.1992 an order of detention dated 18.9.1992 was served on him in the jail alongwith the grounds of detention. On 1.10.1992 a declaration under Section 9(1) of the Act was issued and the same was served on the detenu on 13.10.1992. On 15.10.1992 the petitioner made a representation to the Central Government against the declaration but the same was rejected. On 28.12.1992 the petitioner made a representation before the Advisory Board but that was also r