Judgment

Pattanaik, J.-The appellant challenges the legality of his order of detention passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short COFEPOSA) as well as the order of the Division Bench of Delhi High Court dismissing the appellant’s Writ Petition filed for issuance of a Writ of Habeas Corpus. The order of detention was passed on 25.3.1994 and the period of detention was for a period of one year which is long over but the detenu pursues his right of challenging the order of detention as a proceeding under Smugglers and Foreign Exchange Manipulators Act (SAFEMA) has been initiated by the Appropriate Au­thority. The appellant was apprehended at Indira Gandhi International Airport, New Delhi while he was leaving for Kualalumpur/Singapore and on search US dollars amounting to 1.39 lakhs in Indian currency were recovered. Further his brother who was also going with him, from his person, foreign currency equivalent to 5.34 lakhs of rupees was recov­ered. The detaining authority being of the opinion that the detention of the appellant is necessary with a view to preventing him from acting in any manner prejudici