ORDER

1. The petitioner has been detained in exercise of the powers conferred by Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention

of Smuggling Activities Act, 1974, with a view to prevent him from e smuggling goods in future in terms of the order of detention dated 28-5-2003. The order of detention is under challenge in this petition under Article 32 of the Constitution.

2. The petitioner was apprehended at Chennai Airport on 20-4-2003 when he arrived from a flight from Dubai. For non-declaration of electronic goods over six lakhs, the petitioner was arrested under the provisions of the f Customs Act, 1962. A voluntary statement given by the petitioner was recorded on the same day. In the said statement the petitioner, inter alia, stated that he used to sell the goods at Chennai with the help of a person Khader Moideen. In the statement of Khader Moideen recorded on 28-4-2003, he denied his involvement. Another statement of Khader Moideen was recorded on 6-8-2003. The order of detention was confirmed by the 9 confirming authority on 14-8-2003.

3. In support of the challenge to the constitutional validity of the order of detention various grounds have been urge