- (1.) In this petition for issuance of a writ of Habeas Corpus, the validity of the order of detention made by the Administrator of the government of National capital Territory of Delhi Act under Section 3 of the COFEPOSA, is challenged. The order of detention is dated 18/08/1992.
(2.) The petitioner is a foreign national. He arrived in India from Bangkok on 4/04/1992. While he was passing through the Customs Hall he was apprehended and on being searched, substantial quantity of gold was found concealed in the VCR. He made a statement admitting that he was smuggling gold. He was arrested and investigation commenced.
(3.) On 13/05/1992 the Magistrate took cognizance of an offence under section 135 of the Customs Act. It appears that the actual hearing of the case commenced on 3/07/1992 and charges were framed on 11/08/1992. It is at that stage, the impugned order of detention was made on 18/08/1992. The order states that with a view to prevent the petitioner from engaging himself in smuggling activities, it is necessary to detain him. The grounds of detention served upon him mention the number of visits he made to India during the year 1991 (as many as eight) and during the year 1992 (two) and his local contacts in india. The petitioner is stated to be an unemployed engineer engaged in the nefarious activity of smuggling.;