( 1 ) THE petitioner who is the detenu has challenged the order of detention dated 18-2-1989 passed by the Addl. Chief Secretary to Government, home Department, Gandhinagar, who is respondent No. 2 herein, by exercising the powers under sub-sec. (1) of Sec. 3 of the Conservation of Foreign exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA act) and directed that the detenu be kept in custody in the Central Prison, ahmedabad. Along with the order of detention, the grounds of detention and the materials relied upon were served to the detenu at the time of the execution of the order. On 9-3-1989 a declaration under Sec. 9 of the Act was also issued by Shri B. V. Kumar, Additional Secretary to the Government of India, Ministry of Finance, Department of Revenue, who is respondent no. 4 herein. Both the order are challenged in this petition.

( 2 ) THE allegations made in the grounds of detention reveal that on 11- 1-1989 the detenu along with others was apprehended when the smuggled gold was being transport in the truck bearing No. GBC 7280. Thus, the present detenu with others was apprehended and the gold was seized under a reasonable belief that the gold was s