( 1 ) THE petitioner who himself is a detenu came to be detained pursuant to a detention order passed under Sections 3 (1) (i),3 (1) (ii)and3 (l) (iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act of 1974 by the Government of Kerala with a view to preventing him from smuggling goods, abetting the smuggling of goods and engaging in transporting smuggled goods.

( 2 ) THIS detention order was passed pursuant to an investigation into an incident dated 15th September, 1983 when two truck loads of contraband foreign goods were caught by the customs authorities and on investigation some persons were found involved in the acts of smuggling, one of which is the detenu petitioner who immediately after the incident fled the country and went abroad. The petitioner was, however, arrested pursuant to this detention order on 20th August, 1987 when he was taken into detention. The detention order actually was passed on completion of the investigation on 15th June 1984. It appears that the State government followed the procedure laid down by Section 7 of the COFEPOSA Act and the petitioner detenu came back to India under that pressure a