H. L. DATTU, J.

( 1 ) LEAVE granted.

( 2 ) BY our order dated 28. 10. 2009, we had ordered release of the detenu at once, subject to his custody being required in any other proceedings. We had not assigned reasons while doing so and we had observed that the detailed reasons will follow later.

( 3 ) WE now proceed to give reasons for allowing the appeal and for setting aside the decision of the High Court.

( 4 ) THE appeal is directed against the order passed by the Madras High Court in HCP No. 1874 of 2008, dismissing the petition filed by the appellant for grant of a Writ in the nature of habeas corpus, and thereby sustaining the order of detention passed by the detaining authority under Section 3 (1) (i) of the Conservation of Foreign Exchange and Prevention of Smuggling activities Act, 1974.

( 5 ) THE appellant-detenu is a Polish citizen and having business in Singapore. He had come to India on earlier occasions for purchase of antiques and garments (Textiles ). He came to India for such business on 5. 9. 2008 and he was due to return to Singapore on 7. 9. 2008 via Air India flight IC-557. However in the Chennai International Airport, he was intercepted by the customs officers.