G.P. Mittal J.

1. Petitioner Sahil Jain has approached this Court for issuance of a writ of habeas corpus for release of his father Komal Jain, who has been ordered to be detained and kept in custody in the Central Jail, Tihar by an order dated 11.06.2013 issued under Section 3 (1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act) by the Joint Secretary to the Govt. of India. According to the order dated 11.06.2013, the Joint Secretary was satisfied that the detention of Komal Jain (the Detenue) was necessary with a view to prevent him from smuggling the goods in future.

2. Along with detention order, the Detenue was served with the grounds of detention. Before adverting to the challenge laid by the Petitioner, it will be appropriate to have an insight into the grounds which led to the detention of Komal Jain. According to the Detaining Authority, there was a specific information with the officers of the Directorate of Revenue Intelligence (DRI) that the Detenue, who was holding Indian passport No.K 7271778 issued at Delhi on 14.09.2012, was involved in the smuggling of gold/gold articles and is arranging visits of a nati