( 1 ) THIS writ petition under Articles 226 and 227 of the Constitution of India challenges the detention of the petitioner in pursuance of an order dated 2nd February 1994 No. F. N0. 673/l ()/94- Cus. VIII, passed by Shri Mahendra Prasad, Joint Secretary to the Govt. of India, Ministry of Finance, Deptt. of Revenue, New Delhi under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (hereinafter REFERRED TO to as the COFEPOSA Act ).

( 2 ) THE facts leading to the passing of the impugned detention order against the petitioner are : the petitioner was intercepted at the Indira Gandhi International Airport on 12. 12. 1993 with foreign currency 127500 which was worth Rs. 39. 33 lacs at the relevant time. The said currency was concealed in a false cavity in the petitioner s brief case. He was asked to open his brief case. He opened it through a digital code number. Only a few personal clothes and magazines were found. But the officers had suspicion and on close scrutiny it was found that the brief case had a cavity from which the foreign currency was ultimately recovered. The petitioner s passport sinewed that he hid made