According to the petitioner, he is entitled to set off as provided under Section 428 of the Code of Criminal Procedure, 1973 in short the Code for the period of detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 in short COFEPOSA , since the detention was quashed by the Delhi High Court.
On the basis of the information furnished by the petitioner an electric water motor brought by him was opened and 70 gold biscuits were found companycealed.
Prosecution version which led to trial of the accused petitioner is as follows The petitioner arrived at the Trivandrum Airport on 12.8.1985 from Dubai by Air India Flight No.
Though declaration was given by him about the possession of 16 items, numberhing was stated about possession of the gold.
Trivandrum Airport filed a companyplaint and the petitioner faced trial by the Additional Chief Judicial Magistrate Economic Offences Ernakulam.
When his baggage was subjected to open examination, it was revealed that he was carrying 20 gold biscuits of the foreign origin .
The total value of the illegally transported gold biscuits was fixed at around Rs.
22 lakhs.
In the revision filed before the Kerala High Court, the companyviction and sentence imposed were challenged.
The Assistant Collector, Air Customs.
A1 920.
