JUDGMENT

KOSHAL, J. :— In this petition under Art. 32 of the Constitution of India seeking the issuance of a writ of habeas corpus, the prayer made by the petitioner is that his brother, Narinder Singh, who has been detained in pursuance of an order dated 4th Nov., 1980 passed under sub-sec. (1) of S. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 be released from custody. The main ground urged in support of the petition is that there is no nexus between the unlawful activities attributed to the detenu and his incarceration. That ground we do not find to be without substance. A case covering offences under Ss. 307, 411 and 414 of the I.P.C., amongst others, was registered against the detenu at Police Station Lopoke in Amritsar district on 27th Feb., 1980 and those offences are the only acts which form the basis of the impugned order. Those acts are also the subject-matter of a prosecution launched against the detenu, proceedings in relation to which have been going on in the Court of an Amritsar Magistrate. During those proceedings the detenu was on bail and was appearing in court on every hearing right from Jan. 2, 1981 till he was put b