ORDER :

Y.K. Sabharwal, J. - This petition under Article 32 of the Constitution of India has been filed seeking quashing of order of detention dated 23-10-2001 passed by the Government of Tamil Nadu under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short "the COFEPOSA" with a view to preventing the petitioner from smuggling goods in future. The aforesaid order was modified in terms of GO No. SR 1/1155-21/2001 dated 9-4-2002. The necessity to modify the order dated 23-10-2001 arose on account of the surrender of the petitioner before the Magistrate and his subsequent remand to Central Prison, Chennai.

2. The facts, in brief, are that the petitioner was apprehended on 22-8-2001 while attempting to smuggle out of India foreign currency. He was arrested on 24-8-2001. The application for release on bail on medical grounds filed by the petitioner was rejected by the Magistrate concerned on 27-8-2001 and by the Sessions Judge on 28-8-2001. The petitioner was, however, released on bail in terms of the order of the High Court dated 30-8-2001. The grant of bail, to the petitioner, was not opposed by the Public Prosecutor before