GIMIK PIOTR vs STATE OF T.NADU .

The Supreme Court set aside the Madras High Court's dismissal of the habeas corpus petition, holding that the detention order under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) was unsustainable due to the lack of past antecedents and the solitary nature of the alleged smuggling act. The Court emphasized that the detaining authority failed to demonstrate a reasonable apprehension of future smuggling activities, thus violating the principles of law governing preventive detention. Consequently, the detenu was ordered to be released immediately, subject to any other legal proceedings.