Judgment

TULZAPURKAR, J.:- On September 29, 1978 the detenu herein was directed to be released forthwith on his detention order being set aside and we had stated that we would give our reasons for our order later which we do presently.

2. By a detention order passed on January 4, 1978 under S. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA) the detenu Gopal Ghermal Mehta was detained by the Additional Chief Secretary to the Government of Gujarat (respondent No. 1) with a view to preventing him from engaging in transporting smuggled goods. The grounds of detention were served upon him on the same day i.e. on January 4, 1978. Briefly stated the grounds disclosed the following material against the detenu : On receipt of certain information on December 12, 1977 by the Customs Officers of Ahmedabad, the said officers had kept a watch for a Fiat Car No. GTI-6020 and the said car with five occupants was intercepted in the early hours of December 13, 1977 near Naroda Railway Crossing and the occupants (the detneu and four others) were taken to the Customs Divisional Officer, Paldi, Ahmedabad for examination.