1. 1. An order under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, COFEPOSA Act) ordering the detention of the detenu Gulam Hussain, of whom the petitioner claims to be the brother, was made on April 30, 1991 (Annexure-2). The said order was made with a view to preventing Gulam Hussain, the detenu, from abetting the smuggling of goods, or harbouring persons engaged in smuggling goods.

2. The circumstances on the basis of which the aforesaid order was made may now be enumerated here and they are as under.

3. The customs authorities while acting on general intelligence that contraband gold would be smuggled across Indo-Pak border and would be transported in light vehicle towards Gujarat, proceeded to Municipal Octroi checkpost No. 2 and conducted a Naka on N.H. 15 on February 2, 1991. At about 12.00 hours, a white Maruti Gypsy bearing No. BLF-3682 was intercepted which was coming from the direction of Barmer and was going towards Gujarat. There were two occupants in the Gypsy and on enquiry they revealed their names as Machimanda N. Monappa and Suresh Shetty. Whereas the former was driving the Gypsy, the latter w