JUDGMENT :

Gopinath, J.

This Writ Petition (Criminal) is at the instance of one Raishad K.T praying inter-alia for the issuance of a writ in the nature of habeas corpus for the release of his brother, one Ramees. K.T (hereinafter referred to as the 'detenu') who is allegedly under illegal detention pursuant to an order dated 19.11.2020 issued under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereafter ‘the COFEPOSA Act’).

2. On the basis of information received by the Customs Department that gold is being smuggled into India in huge quantities through diplomatic baggage, a consignment of cargo from Dubai was intercepted at the Thiruvananthapuram Air Cargo complex. The examination of the cargo led to the recovery of gold weighing 30.245 Kgs having a market value of about Rs.14.82 crores. Investigations carried out and statements recorded from various persons under Section 108 of the Customs Act, revealed that certain staff of the UAE Consulate at Thiruvananthapuram were involved in a racket of smuggling gold by concealing the same in diplomatic cargo which is not normally subjected to detailed customs examination. The investi