1. The petitioner has filed this petition under Art. 226 of the Constitution of India for the issuance of a writ of certiorari for quashing detention order No. 1/58/95/CH/III(Cp) 1533, dated 29-9-1995, passed under Section 3(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called the COFEPOSA) by the Secretary, Government of Punjab, Department of Home, and for the issuance of a direction to the respondents not to arrest the petitioner during the pendency of the case.

2. This petition arises out of a search of the residential premises of the petitioner conducted by the Customs Officers on 29-3-1995, as a result of which 6 gold biscuits of 10 tolas each bearing foreign markings andconsiderable foreign currency including Indian currency, were recovered. The statement of the petitioner was recorded under Section 108 of the Customs Act. He was arrested under Section 104 of the Customs Act, was produced before the Judicial Magistrate and was remanded to judicial custody. He was successful in obtaining bail on 12-6-1995 from this Court. Thereafter the Customs Department moved an application for custody of the petitioner for t