( 1 ) THE petitioner is under detention in pursuance of an order of detention dated 9th March 1988 passed by the Government of Kerala under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA ACT for short) on the view that the detention of the petitioner was necessary for preventing him, from abetting the smuggling of gold and dealing in smuggled gold otherwise than by engaging in transporting or concealing or keeping smuggled gold. The provisions thus of sub-sections (ii) and (iv) of Section 3 (1) of COFEPOSA Act were invoked.

( 2 ) THE facts, as set out in the grounds of detention, reveal that one Thiruthy Mohamed Kutty landed at Trivendrum Airport on 27th June, 1987 from Sharjah and on suspicion his baggage was checked and one bed was found to contain, on being cut open, 43old biscuits and 3 gold coins, wrapped in separate coloured paper bit and covered with adhesive tape, totally weighing 5,009. 500 gms. of the value of Rs. 13,59,045. 00 Finding it to be a case where gold had been smuggled into India in the shape of biscuits and coins stealthily and surreptitiously in violation of the provisions co