S.C.Mookherji, J.

1. The petitioner Om Prakash has questioned the legality and of the order of detention made on 21st August, 1989 by Home (Special) of the State Government under Sec. 3 (i)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short COFEPOSA Act), the order of confirmation dated 19.12.1989, communicated to the petitioner on 15.12.1989 whereby and whereunder, he has been ordered to be detained from 19.9.1989 to 18.9.1990 and accordingly, the petitioner seeks a writ of hebeas corpus.

2. It is stated, inter alia, that the petitioner, a co-owner of a truck, gone to Siliguri, left the truck in the custody of the driver Sukhbir Singh and had gone to Mering for sight seeing. The driver was directed to book another cargo for return journey, who accordingly contacted Transport agent for another cargo and truck was loaded with the bundles of empty gunny bags for Bombay. On his return from sight seeing he found his truck loaded and the consignment papers were received by the driver. The petitioner had at that stage no knowledge about the mischief having been done by the loading agent. On way, the truck was intercepted on 7.1