JUDGMENT

Sethi, J.-Leave granted.

2. Alleging violation of Article 22(5) of the Constitution of India and relying upon a judgment of this Court in Smt. Gracy v. State of Kerala & Anr.1, the appellant has challenged the preventive detention of A. Maheshraj, a resident of Bangalore detained under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Act (hereinafter referred to as "the Act"). It is submitted that as the representation of the detenu to the Advisory Board has not been considered by the appropriate government, his continuous detention was unconstitutional and liable to be quashed. It is contended that notwithstanding the non filing of the representation to the appropriate government, a duty was cast upon the Advisory Board to transmit the representation, received by it, to the government who had a corresponding obligation to consider it before confirming the order of detention. Placing its reliance upon a subsequent judgment of this Court in Jasbir Singh v. Lt. Governor, Delhi & Anr.2 and distinguishing the facts of the present case, the High Court dismissed the habeas corpus petition filed before it vide the judgment impugned in this appeal.

3. To