K.S.RADHAKRISHNAN, J.

This writ of habeas corpus is preferred by the wife of Abdus Salam Abu, S/o Adbu Rahiman, who is under detention pursuant to detention order No 69324/SSA/4/01/Home dated 27.12.2001 issued by the first respondent. Detenu was detained by the first respondent in exercise of the powers conferred by Section 3 (1) (i) and 3(1) (ii) of the Conservation of Foreign Exchange and Prevention of the Conservation Act, 194 (for short ‘COFEPOSA Act’).

2. Detenu was apprehended on 20.11.2001. He was a passenger of IC of Indian Airlines coming from Sharja to Calicut. He was found to carry 90 mobile phones and four movie cameras. One hundred and fifty numbers of gold coins were also found out. A statement was recorded on the same day. He was also arrested at 10.00 p.m. and was produced before the Chief Judicial Magistrate, Manjeri at 11.00 a.m. on 21.11.2001 and was remanded to judicial custody till 4.12.2001. He moved bail application, Crl.M.P.No 11415 of 2001 in O.S.No 18 of 2001 before the Additional Chief Judicial Magistrate (Economic Offence), Ernakulam. Bail was granted to him on 11.12.2001. While he was on bail, order of detention was passed on 27.12.2001 detai