M. SATHYANARAYANAN, J

1. The petitioner is the brother of the detenu namely Basheer Ahmed, aged about 33 years, S/o Rahim and challenge is made to the order of detention dated 19.11.2009 passed by the first Respondent, detaining the detenu under Section 3(1)(ii) of the COFEPOSA Act, branding him as a “Smuggler”.

2. The facts necessary for the disposal of this Habeas Corpus Petition are as follows:-According to the petitioner, the detenu came from Singapore by flight and arrived at Anna International Airport, Chennai on 8.10.2009. On deboarding of the plane, he went to Customs area. The officials attached to the Directorate of Revenue Intelligence (DRI), had intercepted him as if he brought electronic goods and gold in excess value, though the detenu has brought lesser value of the goods.

3. It is further stated by the petitioner that without giving sufficient opportunity to the detenu to make proper declaration before the Customs Officers, and without taking into consideration, the total value of the goods declared by the detenu as Rs.60,000/-, the officers assessed the value of the goods approximately at Rs.14,00,484/-.

4. It is further alleged by the petitioner that DR