JUDGMENT

Misra, J. -The petitioner has challenged the detention order 28th April, 1999 under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the COFEPOSA ). The detention order was passed by Shri M.F. Farooqui, Secretary to the Government of Tamil Nadu Public (SC) Department, Chennai which reads as under:

"ORDER-Whereas the Government of Tamil Nadu are satisfied with respect to the person known as Thiru Ahamed Nassar son of Thiru Ahamad, No. 10, Mariamman Koil Street, Pudsupattinam, Ramanathapuram District now a remand prisoner in the Central Prison, Chennai that with a view of preventing him from smuggling goods in further, it is necessary to make the following order:

Now, therefore, in exercise of the powers conferred by Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Central Act 52 of 1974), the Governor of Tamil Nadu hereby directs that the said Thiru Ahamed Nassar, son of Thiru Ahamed, be detained and kept in custody in the Central Prison, Chennai."

2. The detenu (Petitioner) arrived at Anna International Airport, Chennai on 12th March, 19