This petition under Sec.482 read with Sec.451, Criminal Procedure Code has been filed by the petitioner, who was arrested on 29.4.1988 by the respondent when he attempted to smuggle 868 grams of gold, while he came from America, to direct the release of his passport seized by the respondent, to enable him to go over to Sri Lanka to sell his property over there, for which an agreement had been entered long ago, and come back to India within a period of two months from the date of release of his passport. The petitioner was detained under the COFEPOSA Act on 21.6.1988. Though he was arrested on 29.4.1988 he was released on bail on the next day. The petitioner appears to have filed W.P.No. 7142 of 1988, challenging his detention under the COFEPOSA Act, which was allowed on 22.2.1989.

2. Mr.B.Kumar, learned counsel for petitioner, submits that four aspects are in favour of the petitioner to accede to the request made by him, they being:

(a) Though the petitioner was on bail for two-and-a-half months, he stayed in India and did not attempt to evade the process of law.

(b) He had already undergone eight months detention under the COFEPOSA Act and the quantity of gold involved is only