PANDIAN J.

This writ petition is field by one Brosh Nainar under Art. 226 of the Constitution of India, seeking the issue of a writ of habeas corpus quashing the order of detention passed by the respondent, namely, State of Tamil Nadu, against the petitioner's brother by name Nainar Khaja Mohideen alias Haja Mohideen alias Sultan Basheer and setting him at liberty.

2. The impugned order of detention was passed by the detaining authority in exercise of the powers conferred by S. 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (Central Act 52 of 1974) with a view to preventing the detenu from smuggling goods and the detenu was directed to be detained and kept in the custody in the Central Prison, Madurai

3. The brief facts as set out in the grounds of detention which necessitated the passing of the order of detention are as follows :-

On 29/30-5-1985 at about 1.15 a.m. the detenu arrived as a passenger by Indian Airlines flight and was cleared on oral declaration. He paid his customs duty but he was intercepted at the exist gate by an intelligence officer of the Customs and he was taken for re-examination on a reasonable belief