JUDGMENT : 1. We have heard learned counsel on both sides. The petitioner was detained under Section 3 of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA Act) by an order made on 25.9.1991. He was taken into custody on 19.10.91. The period of detention should normally have expired on 18.10.92. But then, it would appear that he had several spells of parole which according to the pronouncement of this Court have had to be added on to the period of one year of detention. The correctness of that view is biding decision before the Constitution Bench. The position in the present case is that if that period is not excluded the petitioner would have to be in the custody till 7th April, 1993. Having regard to all the circumstances, we in exercise of powers under Article 142 of the Constitution, enlarge the petitioner on parole till the matter is decided by the Constitution Bench.