Judgment

CHINNAPPA REDDY, J.:- These two Writ Petitions (Criminal) may be disclosed of by a single judgment as some of the questions raised are common to both. To begin with, we may refer to the facts in Writ Petition (Criminal) No. 2690 of 1981. The Government of Maharashtra, in exercise of the powers under Section 3 (1) of the COFEPOSA, directed the detention of Sunder Shankardas Devidasani by an order dated March 9, 1981, with a view to prevent him from smuggling goods and abetting the smuggling of goods. The grounds of detention, also of the same date, were duly served on the detenu. The detenu made a representation on April 14, 1981 and this was rejected by the Government on April 25, 1981. A further representation made by the detenu on April 25, 1981 was also rejected on May 2, 1981. In the meantime the Advisory Board met on April 29, 1981 and considered the case of the detenu. By a letter dated May 6, 1981 the detenu was informed by the Advisory Board that the Board had reported to the Government of Maharashtra advising them that there was sufficient material to justify his detention.

2. In this application for the issue of a Writ of Habeas Corpus, the first submission of Shri