K.T. Sankaran, J.

Edwin Andrew Minihan, an Irish national who came to India on 13.7.2015 from Dubai, is undergoing preventive detention in execution of Ext.P2 order of detention dated 3.9.2015 issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter referred to as 'the COFEPOSA Act'). Ext.P2 order of detention is under challenge in this Writ Petition.

2. The facts in a nutshell are the following: The petitioner arrived at Nedumbassery International Airport by Emirates Flight EK 534 from Dubai on 13.7.2015. The officers of the Commissionerate of Customs, Kochi had received information that frequent passengers arriving from sensitive destinations were involved in smuggling gold into India and, therefore, a vigil on such passengers arriving from Dubai was made. The petitioner stated when asked that he was not carrying any dutiable/contraband goods. On a search of the body of the petitioner, ten gold bars totally weighing 10 kilograms were found in his waist coat, overcoat and pockets. A statement under Section 108 of the Customs Act was recorded from the petitioner on 13.7.2015 and on 14.7.2015. The petitioner wa