JUDGMENT

VARADARAJAN, J.:—This appeal by special leave is directed against the Judgment of the Bombay High Court in Criminal Application No. 780 of 1981 filed by the respondent Haji Mastan Mirza, allowing the criminal appeal and declaring that the order of detention dated 19-12-1974 passed by the Minister of Finance. Government of India under S. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1973. (COFEPOSA) is illegal, null and void ab initio and inoperative and quashing that order as well as the declaration under S. 5 (1) of the COFEPOSA made on 18-1-1975 and also consequently quashing the notice issued under S. 6 (1) and the order made under S. 7 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act. (SAFEMA) 1976 and restraining the appellant from taking any action whatsoever on the basis of the order of detention dated 19-12-1974 The main ground on which the order of detention dated 19-12-1974 and the declaration dated 18-1-1975 were quashed by the learned Judges of the High Court is that the respondent was not served with copies of documents referred to and relied upon in the grounds of detention served on t