JUDGMENT

SARKARIA, J.: — This is a petition under Art. 32 of the Constitution for the grant of a writ of habeas corpus. The petitioner has been detained with effect from October 24, 1977 by an order passed by the Secretary to the Government of Maharashtra under S. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short called COFEPOSA). Reference was made to the Advisory Board on 24-11-1977. At its sitting held on 23-12-1977, the Board rejected the representation of the detenu and opined that there was sufficient cause for the detention.

2. The detention has been challenged mainly on the ground that no order under Cl. (f) of S. 8 of the Act confirming the detention was passed by the appropriate Government within three months of the commencement of the detention and, as such, the continuance of the detention beyond the initial period of three months was violative of the mandate of Art. 22 (4) of the Constitution. In support of this contention, Mr. Ashoke Sen, appearing for the petitioner, has cited five decisions of this Court - Shibapada Mukherjee v. State of West Bengal, AIR 1972 SC 1356; Ujjal Mondal v. State of West Bengal, AIR 19