ORDER :- By this writ petition filed under Art. 32 of the Constitution the petitioner (detenu) is challenging his continued detention under S. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (for short COFEPOSA). The short ground on which the continued detention challenged before us is that the proceedings before the Advisory Board were vitiated by denial of a right to the detenu to be represented by a friend which right is now recognised and well settled as a result of the decision of this Court in A.K. Roy v. Union of India AIR 1982 SC 7 10.

2. The short facts giving rise to the aforesaid ground are these: As a result of the detention Order passed on 1st March, 1982 the petitioner was detained on 3rd March, 1982, Grounds of detention were served upon him on 4th March, 1982. It appears that the detenu made his representation and before his case was to be considered by the Advisory Board he had made an application to the Advisory Board for being represented on the date of hearing either through a counsel or by a non-lawyer educated friend and he requested that the necessary permission may be communicated to him so that he may make necessary arran