JUDGMENT

BAHARUL ISLAM, J.:— These three writ petitions under Art. 32 of the Constitution of India involve common questions of facts and law. This common order of ours, therefore, will dispose of all of them. It will be sufficient if we refer to the facts only of Writ Petition No. 8070 of 1981. This petition is directed against the order dated 11th September, 1981 made under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (the COFEPOSA) by the Administrator of Goa, Daman and Diu (hereinafter the Administrator), detaining the) petitioner "with a view to preventing him from smuggling goods".

2. The material facts in a nutshell as alleged in the grounds of detention in Writ Petition No. 8070 of 1981 are that the petitioner along with Lallu Govan Tandel alias Lallu Malbari, Narsinh Vallabhbhai Tandel (the petitioners in the other two writ petitions) and Narsinghbhai Daulabhbhai (detenu since released) indulged in smuggling of foreign goods such as fabrics, speakers, cassettes, video cassettes, wrist watches, refrigerators silver etc. The goods in 36 packages were recovered from House No. 12/134 of Daman Municipal Area. These goods were kept there by two persons, namely; Tulsibhai Ranchhodhbhai Tandel and Mangalbhai Bhulabhai Tandel engaged by the aforesaid four detenus for lifting the said 36 packages from a vessel grounded in sea off Ghati Sheri, Nani Daman. The contraband goods recovered were worth Rs. 5,30,281.50. The aforesaid Tulsidas and Mangalbhai made certain statements on 2nd July, 1981 implicating the aforesaid four persons including the petitioner. When the Customs squad was keeping a watch on Nani Daman coast, a vessel was found in the sea and goods were being unloaded. In the process Tulsibhai Ranchhodhbhai and Mangalbhai Bhulabhai were accosted and each had a package with him and on being led by them the customs squad reached the house bearing municipal No. 12/134. On being questioned, the aforementioned two labourers Tulsibhai and Mangalbhai stated that they were engaged as labourers for transporting packages of contraband goods from a vessel grounded in sea on Ghatisheri to the said house bearing No. 12/134. Tulsibhai and Mangalbhai, in the course of interrogation, admitted that they were engaged by detenu Devji Vallabhbhai Tandel and Lallu Govan for unloading the packages containing contraband goods.

3. The impugned order of detention dated 11th September, 1981 (Annexure A) together with the grounds of detention (Annexure B) were served on the petitioner on June 30, 1981, which was the date of apprehension.

4. The first submission of Mr. Rem Jethmalani, learned counsel for the petitioner, is that under the Government of Union Territories Act, 1963, (hereinafter the Act), the order of detention can be made only by the Chief Minister and in the name of the Administrator and not by the Administrator, though it can be made in the name of the Administrator. In the instant case, the order of detention was made, and the representation dated 10th October, 1981 of the petitioner was disposed of, by the Administrator, which, it is submitted, is not permissible in law.

The argument sought to be made seems to be that the status of the Administrator is similar to that of the Governor of a State and as such the Administrator had to act with the aid and advice of the Council of Ministers. Admittedly, there is an elected Assembly with a Council of Ministers in the Union Territory of Goa, Daman and Diu. Therefore, the argument proceeds, the Administrator on his own cannot make an order of detention. The order can be made by the Chief Minister or any other person authorised under Section 3 of the COFEPOSA in the name of the Administrator.

On the other hand in Paragraph 7 of the counter-affidavit, it has been stated by the respondent, "that the respondent has full authority to make the order of detention under COFEPOSA in exercise of the powers conferred under the statute. In case of the