JUDGMENT :

I.S. Mehta, J.

1. The present writ petition under Section 226 of Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 essentially in the nature of writ of habeas corpus, has been initiated by the petitioner Mohammad Seddiq Yousufi (hereinafter referred to as 'the detenus'), seeking quashing and setting aside of the impugned detention order bearing F.NO. PD-12002/19/2010-COFEPOSA dated 13.12.2018 passed under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA Act') issued against him.

2. The brief facts stated are that on 13.06.2018, the Air Intelligence Unit (AIU) of Cochin International Airport Ltd (CIAL), Nedumbassery received an information from CIAL screening staff, who were engaged in screening of checked-in baggage for departure, that they have identified a suspicious baggage. The baggage belonged to the detenu, Mohammad Seddiq Yousufi, an Afghan national. He was travelling from Kochi to Dubai in Emirates Flight No. EK 533. He was issued a boarding pass allocating seat No.11A alongwith checked-in baggage tag bearing No.EK28548. In presence of witnesses