Kirpal, J. - (1.) Leave granted in S. L. P. (Cri.) No. 2467 of 1995.
(2.) This judgment will dispose of the writ petition filed under Article 32 of the Constitution of India challenging an order of detention dated 25-4-1995 passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as ' the COFEPOSA Act) and the appeal arising by way of special leave challenging a direction given by the Delhi High Court in its judgment dated 23-11-1994 which in effect, permits the respondents to pass a fresh order of detention.
(3.) Petitioner was intercepted at the Indira Gandhi Airport by the Custom Officers on 31-3-1992 when he was departing for Dubai. As a result of his personal search, foreign currency valued at Rs. 1,78,286/- was allegedly recovered from his possession. At that time, he made a confessional statement under Section 108 of the Customs Act which, according to the petitioner, was obtained under coercion.;