Judgment :-

Smt. Ranjana Prakash Desai, J.

1. Leave granted.

2. In this appeal, by special leave, the appellant has challenged judgment and order dated 23/01/2013 passed by the Division Bench of the Bombay High Court dismissing the writ petition filed by him challenging order of detention dated 16/4/2012 issued by the detaining authority i.e. the Principal Secretary (Appeals and Security), Government of Maharashtra, Home Department under the provisions of Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, “the said Act”). The order of detention directed his detention with a view to preventing him in future from smuggling goods.

3. From the grounds of detention, it appears to be the case of detaining authority that on 12/8/2011, the appellant Abdul Nasar Adam Ismail (“detenu” for convenience) arrived from Dubai by Air India flight No.AI- 984. He was carrying one trolley hand bag. After he was cleared through green channel, he was stopped by the Assistant Commissioner of Customs on duty. When his personal search was conducted, it was noticed that he had concealed two packets in his undergarments near his groin area and two pa