JUDGMENT

BHAGWATI, J.:—This petition for a writ of habeas corpus challenges the continued detention of one Mahendra Chordia under sub-section (1) of Sec. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA Act).

2. On 4th June, 1980 an order of detention dated 27th May, 1980 was served on Mahendra Chordia (hereinafter referred to as the detenu) and he was taken under detention. The order of detention recited that the Governor of Maharashtra was satisfied with respect to the detenu that, with a view to preventing him from smuggling goods and abetting the smuggling of goods, it was necessary to make an order directing him to be detained and by the order of detention the Governor of Maharashtra in exercise of the powers conferred under sub-section (1) of Sec. 3 of the COFEPOSA Act read with the Order of the President of India in the notification of the Government of India dated 17th February, 1980 directed that the detenu be detained under that Act, Simultaneously with the order of detention, another order dated 27th May was also issued by the Governer of Maharashtra directing that the detenu be detained in the Nasik Road Central Prison. When the petitioner was arrested and taken under detention, he was also served with a document dated 27th May, 1980 containing the grounds of detention as required by sub-section (3) of the COFEPOSA Act read with clause (5) of Article 22 of the Constitution. The grounds of detention referred to several documents and statements including two tape recorded conversations, one between the detenu and one Ahluwalia and the other between the detenu, Ahluwalia and an advocate by the name of Kumar Mehta. The detenu therefore addressed a letter dated 6th June, 1980 to the Deputy Secretary to the Government of Maharashtra requesting him to his earliest to sent "all statements documents and material" to enable him to make an effective representation against his detention. The detenu also sent a representation dated 9th June, 1980 to the Deputy Secretary once again requesting him to supply immediately the documents, statements and materials relied upon in the grounds of detention so that the detenu could make an effective representation and also specifically calling upon the Deputy Secretary to furnish the transcripts of the tapes as also to produce the original tapes for his inspection so that he could prove that the voice recorded on the tapes was not his. This representation was admittedly received by the Deputy Secretary on 14th June 1980. The detenu thereafter addressed another communication to the Deputy Secretary requesting him to supply one accurate copy of the tapes, so that he could have the tapes played in the presence of those who would recognise his voice, to enable him to lead evidence through them that the voice recorded on the tapes was not his as also to let him know on whose final satisfaction the order of detention was made. This letter though originally dated 14th June, 1980 was not despatched to the Deputy Secretary until 1st July, 1980 because in the meanwhile the detenu had been taken to Bombay and it was only after his return to Nasik Road Central Prison that the letter could be despatched through the jailor and hence the date was altered to 1st July, 1980. It appears that this letter was received by the Deputy Secretary on 8th July, 1980. But, prior to his forwarding the letter dated 1st July, 1980 to the Deputy Secretary, the detenu addressed another representation dated 26th June, 1980 to the Chairman of the Advisory Board, the Central Government and the Deputy Secretary to the Government of Maharashtra praying for revocation of the order of detention. The detenu pointed out in this representation that, by his letters dated 5th, 6th and 14th June, 1980, he had requested for the tapes to be supplied to him to enable him to prove that the voice recorded on the tapes was not his and that this request had not bee