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 petiti