( 1 ). The petitioner in this case was detained in terms of the order dated 31st March, 1992 passed by the Joint Secretary-to the Govt. of India, Ministry of Finance, Deptt. of Revenue, New Delhi in exercise of powers conferred by Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as cofeposa ).

( 2 ). Without ,waiting for the grounds of detention being served upon him, the petitioner filed the present petition challenging the order of detention. Alongwith the writ petition, the petitioner has annexed a copy of the grounds of detention of the same date in respect of the other co-accused, namely, Sushil Kumar Kaura. It has been alleged in the writ petition that the grounds of detention in respect of the petitioner are exactly the same as those of Sushil Kumar Kaura.

( 3 ) BRIEFLY stated the facts of the case are that on 25. 2. 91 a Polish National, namely Tryba Marek travelling from Singapore to Amsturdum in transit at Indira Gandhi International Airport, New Delhi was apprehended with 116 gold biscuits of 24 carats purity weighing 13525. 600 gms valued at Rs. 30,29,734. 00 (I. V.) and Rs. 48,69,216. 00 (M. V. ). Statement of the Captain of the Aircraft was recorded under Section, 108 of the Customs Act and in his statement he stated that Tryba Marek did not declare any gold or gold articles to him or to any member of his crew. Accordingly, said Tryba Marek was arrested on 26. 2. 1991.

( 4 ). According -to the information available with the Custom Deptt. , the. gold recovered from Tryba Marek, was to be delivered to one Avtar Singh @ Dolly. During investigation, it was also learnt that one Sunil Kumar Kamra, (the petitioner) was to take delivery of the said gold. On 1. 3. 91 an information was received by the Custom Deptt. that above mentioned 116 gold biscuits recovered from Tryba Marek were to be handed over by him to Sushil Kumar Kaura in the toilet lounge at I. G. I. Airport, New Delhi. Pursuant to this information, the residential premises of said Sushil Kumar Kaura were searched as a result of which some incriminating documents were recovered which were seized under a Panchnama and said Shri Kaura was also apprehended.

( 5 ). In his statement recorded under Section 108 ofthe Custom Act, Sushil Kumar Kaura stated that he knew the petitioner through a common friend Harminder Singh. He further stated that in February, 1990 the petitioner took him to the transit lounge of I. G. I. Airport and showed him one Polish National who handed over one packet to him which as per instructions of the petitioner was brought out of the Airport and thereafter he handed over the said packet to the petitioner. He also stated that he had done this job twice for the petitioner in February and March, 1990. Thereafter efforts were made by the Custom Deptt. to apprehend the petitioner and he surrendered before the Court of A. C. M. M. , New Delhi on 25. 9. 91 and was released on bail on 10. 12. 91.

( 6 ). It is further alleged that Statement of Avtar Singh @ Dolly was also recorded under Section 108 of the Custom Act on 13. 7. 91. In his statement he stated that he became friendly with the petitioner in the beginning of 1991 and the petitioner made a proposal to start dealing in smuggled gold alongwith him. He stated that according to the arrangement finalised, the gold was to be supplied by lqbal of Singapore who used to send this gold through Tryba Marek to Delhi by Air and Tryba Marek while in transit at I. G. I. Airport, New Delhi would hand over the smuggled gold to Sushil Kumar Kaura who would hand over the same to the petitioner outside the Airport and the petitioner would deliver the same to Avtar Singh @ Dolly, Who was to dispose ofthe said gold to any person as desired by lqbal.

( 7 ). On 11th March, 1991 Tryba Marek was detained under Cofeposa Act. The order of detention dated 6th March, 1991 was challenged in this Court by filing of Crl. W. 157/9