Criminal proceedings were initiated.
In the companynter affidavit it is stated that the Collector of Customs furnished proposals for the detention of the appellant on 24.3.1988 and the detention order was passed on 21.5.1988 and the appellant was detained on 6.8.1988.
The gold was valued at Rs.4,64,951 and it was found to be smuggled gold.
The grounds also were served within time and in the grounds all the above mentioned details are mentioned.
Then he started by a bus to go to his native place.
In the grounds the appellant also is informed that if he desires to make a representation to the Advisory Board, he may address it to the Chairman, Advisory Board and that he can also make a representation to the detaining authority or the Central Government.
From the Judgment and Order dated 16.1.1989 of the Delhi High Court in Criminal Writ No.
27 1 of 1990.
Questioning the same the present appeal is filed.
The appel lant was interrogated by the Superintendent of Customs and a statement of the appellant was recorded.
Further some incriminat ing documents were also recovered.
However, the detaining authori ty, the Home Secretary to Government of Kerala being satis fied passed the detention order dated 21.9.88 against the appellant with a view to preventing him from smuggling activities.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The appellant made a representation to the detaining authority on 27.9.1988 and it was rejected by the State Government on 1.10.1988 and the Central Government rejected the same on 2.11.1988.
He companyfessed that he was introduced to a person who promised to give him remuneration provided he carries the gold to India and appellant agreed and carried these gold biscuits.
The appellant who has been detained under Section 3 1 i and 3 1 iii of the COFEPOSA Act, 1974, has challenged the detention order.
It is submitted that the representation was made on 27.9.88 to the Central Government and it was disposed of on 2.11.88.
34 of 1989.
This is an appeal seeking a writ of habeas companypus.
T. Kunhikanna, Udai Lalit and P. Parmeshwaran for the Respondents.
V. Vishwanathan and S.R. Setia for the Appellant.
On 17.9.87 the Customs Officials intercepted the bus near Thiruvannoor and in the presence of panch witnesses, a search was companyducted on the person of the appellant and the chappals worn by him were inspected and on their being opened up about 13 gold ingots with foreign marking were found and they were duly recovered.
The Judgment of the Court was delivered by JAYACHANDRA REDDY, J. Leave granted.
The appellant is a native of Panakkad, Malapuram District in Kerala and had been to Jeddah after his Haj pilgrimage and from Jeddah he landed in Bombay on 15.9.87.
