Judgment

KAILASAM, J. :- After hearing the arguments we allowed the appeal on 5th October, 1976 and directed that the detenu be set at liberty forthwith indicating that the detailed judgment would follow. We now proceed to give reasons for our order.

2. This appeal is preferred by the wife of one Virendra Ramniklal Kapadia a detenu, by special leave against the judgment of the High Court of Gujarat at Ahmedabad dismissing the writ petition for the issue of a writ of habeas corpus.

3. On 22nd September, 1974 the District Magistrate, Surat, directed the detention of the detenu under S. 3 (1) (c) (i) and S. 3 (2) of the Maintenance of Internal Security Act, 1971. The detenu was supplied with the grounds of detention on 27th September, 1974. The detention order passed under the Maintenance of Internal Security Act was cancelled on 9th December, 1974 and the detenu was released. On 7th February 1977 by an order under S. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSAA) in the name of Governor, the Under-Secretary to Government, respondent 2, directed that it was necessary to detain the detenu with a view to