Charanjit Talwar, J.

( 1 ) THIS judgment disposes of Cr. Writ Petition No. 93 of 1988 and Cr. Writ Petition No. 94 of 1988 as the main question arising for consideration in both these petitions is common.

( 2 ) ANDREW Simon King, who is the petitioner in C. . Writ No. 93 of 1988 and Lesniewski Piotr, who is the petitioner in Cr. Writ No. 94 of 1988 have been detained in Central Jail, Tihar, New Delhi by virtue of two separate orders dated the August 25. 1987 passed by the Administrator of the Union Territory of Delhi under Section 3 (1) read with Section 2 (f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter REFERRED TO to as COFEPOSA ). The said orders were passed with a view to preventing the petitioners from smuggling goods, viz. , gold into India. The grounds of detention also dated the August 25, 1987 were served on the petitioners on August 31,1987, while they were in judicial custody.

( 2 ) THE facts leading to the passing of the detention order so far as they are relevant may be set out The Directorate of Revenue Intelligence had received report that one person, namely Ashok alias Ravi Jain was actively involved in receiving and distributing smuggled gold which was being brought to India through carriers coming by air at Delhi Airport. The Officers of the said Directorate kept a watch on the movements of Ashok alias Ravi Jain as well as on the movements of certain suspect foreign nationals. On June 19, 1987 the officers were able to identify the two petitioners namely, Andrew Simon King, a British national and Lesniewski Piotr, a Swedish national who had succeeded in smuggling gold into India through the Delhi Airport and were to deliver the same to the said Ravi Jain. The intelligence report suggested that the petitioners who had arrived from Amsterdam by KLM flight in the morning hours of June 19, 1987, were to deliver the gold to Jain at Maurya Sheraton Hotel. The petitioners had checked into room No 1107 of that hotel. The officers of the Directorate kept a discreet watch to await arrival of the said Ravi Jain who was to pick up the gold which had been smuggled by the petitioners.

( 3 ) AT about 11. 40 A. M. on June 19, 1987 two persons later identified as Ravi Jain and Daulat Singh arrived at the hotel and entered the room which was occupied by the petitioners herein. They were followed by the DRI officers accompanied by two independent witnesses. The petitioners were found present in the said room. In the presence of the independent witnesses the room was searched and as a result a blue rexine bag was recovered from a cupboard. The search of the said blue rexine bag resulted in the recovery of 22 pieces of gold slabs bearing foreign markings. On enquiry Andrew Simon King admitted that the bag belonged to him. The 22 pieces of gold slabs were seized in the reasonable belief that those were smuggled into India and were liable to confiscation under the Customs Act. The value of the seized gold was assessed to be Rs. 59. 84. 000. 00.

( 4 ) IN his statement recorded under Section 108 of the Customs Act 1962, Lesniewski Piotr stated that he had come to India on June 2, 1987 for one week on a sight seeing tour. On his return to Amsterdam he met one Cassio who offered him (Piotr) quite a bit of money if he carried gold of foreign origin to India. Cassio s proposal was agreed to by that petitioner herein as he was in need of money. On June 17, 1987 12 bars of gold weighing kg each were handed over by Cassio to Lesniewski Piotr to be carried to India on the petitioner s person. Cassio had promised to give him 100 (JS for one Kg of gold for smuggling it into India. He had also given to him anair ticket for the journey. This petitioner further admitted that he was introduced to Andrew Simon King at Amsterdam Airport by Cassio and both travelled to Delhi by KLM flight No. 833 which reached New Delhi approximately at 6. 30 A. M. on June 19, 1987. The petitioner further adm

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