Judgment

Quadri, J.-Leave is granted.

2. The State of Tamil Nadu is in appeal by special leave from the order of the Division Bench of the Madras High Court dated 29.1.98 in M.C.P. No. 768/97 quashing the order of detention and setting the detenu at liberty.

3. The facts giving rise to this appeal may briefly be stated here.

4. On February 14, 1997 at 7.00 a.m., Jeyachandran Govindraj (the detenu) was bound for Sharjah via Muscat by Gulf Air. While he was proceeding to the aircraft at Chennai airport, foreign currency equiv­alent to Rs. 57,21,401/- was seized from his baggage. The State of Tamil Nadu, with a view to prevent him from indulging in smuggling activities in future, ordered his detention vide order No. SR-1/262-8/97 dated 16.6.97 passed under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short ‘COFEPOSA Act’). The said order was served on him on 23.6.97 and he was arrested on the same day.

5. The first respondent challenged the validity of the said order in the High Court of Madras in the petition filed under Article 226 of the Constitution of India. Various grounds were urged before the High Court to assail the