( 1 ) THE petitioner has been detained under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called the COFEPOSA) by the State Government by an order dated 28. 4. 1993 of the Deputy Secretary (Home) of the National Capital Territory of Delhi, (2nd respondent ).

( 2 ) THE incident occurred on 21. 12. 1992 when the petitioner reported at the Customs departure hall, after clearing from immigration to travel to Hongkong on flight dated 21. 12. 92. After customs clearance pursuant to his declaration, he was stopped and on personal search, it came to light that he had concealed foreign currency equivalent to Rs. 1,49,462. 00 in his rectum. Petitioner could not produce evidence of lawful possession. It is said that he made a statement on 21. 12. 92 under Section 108 of the Customs Act, 1962 admitting that he was illegally carrying the currency and that he was doing so for Rs. 5,000. 00 which he was to receive from one Mohan Singh at Hongkong to whom he was to handover the foreign currency. It is not necessary to refer in detail to other part of his statement except that he was doing this on variou