JUDGMENT

Arijit Pasayat, J. — Leave granted.

2. Appellant calls in question legality of the judgment rendered by a Division Bench of the Madras High Court dismissing the habeas corpus petition filed by one Rizwana Ziyath seeking release of her husband, the present appellant Ibrahim Nazeer (hereinafter referred to as the detenu) who was detained and kept in custody in the Central Prison of Chennai under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short the COFEPOSA Act). The order of detention was passed under Section 3(1)(i) of COFEPOSA Act with a view to prevent the detenu from indulging in smuggling goods in future. The order of detention is dated 20.9.2005.

3. The background facts which led to the detention of the detenu as set out in the grounds of detention are as follows:

On 31.8.2005, the detenu-Ibrahim Nazeer, arrived Chennai from Singapore by Indian Airlines Flight IC 558 with Ticket No. 51671263862. After immigration clearance, he collected three bags from the conveyor belt and proceeded to Customs Table No.8 where he declared that he was in possession of electronic goods worth Rs.30,000/-. At this point, he was intercepted by t