JUDGMENT

P.D. Kode, J.— The petitioner is brother of the detenue and claims to be interested in the life, welfare and personal liberty of the detenue. He has challenged the order of detention No.PSA-1209/CR-29/SPL-3(A) dated 2nd April, 2009, passed by the respondent No.2 in exercise of powers conferred by Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) (hereinafter for short referred as “COFEPOSA Act”), ordering the detention of his brother i.e. detenue Tanveer and prayed for issuing a writ quashing and setting aside the same and directing that detenue be set at liberty, on the several grounds as set out in the petition. The prayer is opposed by the respondents by refuting the contentions taken by the petitioner vide affidavits-in-reply of respondent No.2 filed and affidavit of sponsoring authority.

2. The facts relevant to the said order of detention challenged are as under:

It was brought to notice of detaining authority that on 1st December, 2008 Officers of Air Intelligence Unit noticed detenue while his clearance through customs moving briskly and suspiciously in the Arrival Hall of Module-2C, C.S.I. Airport,