JUDGMENT :

Mohammed Nias C.P., J

Sarith P.S. and Swapna Prabha Suresh were detained pursuant to the orders dated 19-11-2020 and 9-10-2020 made by the Joint Secretary, (COFEPOSA) Government of India, Ministry of Finance under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (“COFEPOSA” for short,) with a view to prevent them from smuggling of goods/abetting the smuggling of goods and engaging in transporting or concealing or keeping smuggled goods in future.

2. Habeas Corpus Petition, WP(Crl) No.102 of 2021 has been filed by the mother of Sarith P.S.(hereinafter referred to as “detenu”) who is under detention from 24-11-2020 pursuant to Ext. P1 order of detention.

3. Habeas Corpus Petition, WP(Crl.)No.152 of 2021 is filed by the mother of Swapna Pabha Suresh (hereinafter referred to as “detenue”) who is under detention from 11-10-2020 following Ext. P1 order of detention.

4. Based on specific intelligence that gold in huge quantity was being smuggled through diplomatic luggage, one consignment of cargo with diplomatic immunity in terms of Foreign Privileged Persons (Regulation of Customs Privileges) Rules, 1957 consigned from Dubai by