Judgment

BHAGWATI, J.:- This petition is directed against the validity of an order of detention dated 13th Nov. 1978 made by the first respondent who is the Secretary to the Government of Maharashtra Home Department in exercise of the power conferred under sub-sec. (1) of S. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act.) The petitioner has urged several grounds before us but it is not necessary to refer to them since there is one ground which is in our opinion sufficient to dispose of the petition in favour of the petitioner. To appreciate this ground, it is necessary to state a few facts.

2. On 13th Nov. an order was made by the lst respondent in exercise of the power conferred on him under sub-sec. (1) of S. 3 of the Act directing the detention of the petitioner. Pursuant to the order of detention, the petitioner was arrested and he was immediately served with the grounds of detention which were embodied in a communication dated 13th Nov. 1978 addressed by the lst respondent to the petitioner. The grounds of detention were quite elaborate and they alleged various smuggling activities against the pet