Judgment

SARKARIA, J.:- This is a petition under Article 32 of the Constitution for the issuance of a writ of habeas corpus.

2. On January 31, 1980, an order of detention, dated January 30, 1980, under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, called the COFEPOSA), issued by the second respondent, Shri P. M. Shah, Deputy Secretary to the Government of Gujarat, Home Department, was served on Lallu Jogi Patel (hereinafter referred to as the detenu). The order was expressed. in the name of the Governor of Gujarat. On the same date (January 31, 1980), the grounds of detention were served on the detenu.

3. The grounds of detention served on the detenu are very elaborate and detailed They also contain the introductory background, including the history of the detenu. It is stated therein that the detenu was previously detained by an order, dated September 1974, of the Government of India, under Section 3 of the Maintenance of Internal Security Act (MISA). On the repeal of MISA and the commencement of COFEPOSA, a fresh order, dated December 19, 1974, under the COFEPOSA, was served on the detenu.

4. The detenus writ petition for a writ of habeas corpus was dismissed by the High Court of Gujarat on May 6, 1976 in view of the Presidential Order, dated June 27, 1975, made under Article 359 (1) of the Constitution which had suspended the rights under Articles 14, 21 and 22 of the Constitution. The detenu was, however, released on March 21, 1977. As stated in the grounds, his activities were kept under surveillance by the Customs Department. In or about July 1979, the detenu attempted to smuggle gold, but he was not successful. Calls booked by the detenu to various telephone numbers of other suspected smugglers were, however, detected.

5. On November 21, 1979, the detenu hatched a conspiracy with one Umar Bakshi to smuggle wrist-watches and silver out of the country to Dubai. In pursuance of that conspiracy, on October 9, 1979, the detenu and the said Umar Bakshi smuggled about 45 slabs of silver in the vessel "Saraswati Prasad", registered in the name of Ravia Kalan of Daman.

6. On November 30, 1979, 23 slabs of silver weighing, in aggregate, 692.527 kgs. valued at Rs. 15,65,111 were seized by the officers of the Collectorate of Central Excise and Customs from a truck which was intercepted near village Pipodara. The occupants of the motor-truck disclosed their identities as (1) Kailashchandra Shantilal Jain, (2) Mohmed Hussain Hanif Mohmed Pathan the driver and (3) Babukhan Istiyarkhan Ahmed Pathan, the cleaner, all of Udaipur. The statements of these persons recorded under Section 108 of the Customs Act and the other circumstantial evidence collected, revealed that the detenu was engineering the whole process of attempting to smuggle the silver out of India in conspiracy with Umar Bakshi and others. In Para 35 of the grounds it is mentioned :

"The detaining authority, viz., the State Government considered it against the public interest to disclose the sources of the intelligence referred in paragraphs 3, 4, 6 and 30 and further considered it against public interest to disclose further facts contained in various intelligence reports referred to in the aforesaid paragraphs 3, 4, 6, and 30."

7. On February 15, 1980, the detenu sent a letter, through the Superintendent Jail, requesting for the supply of copies of statements and documents relied upon in the grounds of detention.

8. According to the counter filed by Shri Shah, Deputy Secretary to Government of Gujarat, this letter was received by the State Government on February 18, 1980. The State Government then on February 22, addressed a letter to the Sponsoring Authority (Collector of Customs, Ahmedabad), enquiring whether furnishing copies of documents would not prejudice public interest.

9. On February 25, 1980, the Collector wrote back to the State Government that it was not necessary to supply the copies of the statements a