JUDGMENT :

Mohammed Nias C.P., J.

In exercise of power under Section 3(1)(i) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 ('COFEPOSA' for short), by orders dated 19-11-2020, the Joint Secretary, Ministry of Finance, directed that one Jalal A.M. and Mohammed Shafi P. be detained with a view to prevent them from smuggling.

2. Habeas Corpus Petition, WP(Crl) No.70 of 2021 has been filed by Sajmi, W/o. Jalal A.M. (hereinafter referred to as “detenue”) who is under detention from 25-11-2020 under the order aforesaid. The grounds of the detention were supplied to the detenue on 28-11-2020

3. Habeaus Corpus Petition, WP(Crl.) No.118 of 2021 is filed by Jamseena, W/o. Mohammed Shafi.P. (hereinafter referred to as “detenue”) who is under detention from 26-11-2020 under the order aforesaid. The grounds of the detention were supplied to the detenue on 28-11-2020.

4. Since in both cases, the detention orders arise from a similar set of allegations, they were heard together.

5. On the basis of the information received by the Customs department that gold in huge quantities was being smuggled in India through diplomatic luggage, one consignment of cargo with di