JUDGMENT

CHINNAPPA REDDY, J.:— These several Criminal Appeals raise a common question and may be disposed of by a single judgment. It is sufficient if we state the facts in one case : Criminal Appeal No. 371 of 1985. On 29-6-84 an order of detention under the COFEPOSA was made by the, Additional Secretary to the Government of India, Finance Department against Satar Habib Hamdani. The grounds of detention were served on him on July 1, 1984. On July 13, 1984 the COFEPOSA was amended by an Ordinance which was replaced by an Amending Act. We will presently refer to the provisions of the Act. Purporting to act under S. 9(1) of the COFEPOSA as amended, the Additional Secretary to the Government of India made a declaration that he was satisfied that Shri Satar Habib Hamdani abets and is likely to abet the smuggling of goods into and through. Porbandar which is an area highly vulnerable to smuggling, as defined in Explanation 1 to Section 9(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. Thereafter the usual reference to the Advisory Board was made and after obtaining the opinion of the Advisory Board, the Government of India, by an order dated