JUDGMENT

BAHARUL ISLAM, J. :— By this petition under Article 32 of the Constitution of India, Smt. Hemlata Kantilal Shah (hereinafter the wife) has challenged the detention of her husband Shri Kantilal Nagar Das Shah (hereinafter the detenu) who was detained by the State of Maharashtra (Respondent No. 1) by order dated June 3, 1981 under subsection (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter the Act). The material facts on which the grounds of detention have been based may be briefly stated as follows :-

2. On January 8, 1981, the detenu with his wife and their minor daughter, Miss Chaya Kantilal Shah, arrived in Bombay from Muscat by Flight No. AI 838. The petitioner at the customs clearance counter of the airport appeared nervous and was hasty in clearing her baggage. The Intelligence Officer of the Air Customs Unit who had been present at the counter on receipt of secret information kept a close watch on her. When the family reported at the customs counter, the Intelligence Officer approached them and asked for their passports. It was found that the detenu, the petitioner and their daughter were all holdin