Judgement

SEN, J.:- This petition for special leave directed against the judgment and order of the Bombay High Court dated May 3, 1986 and the connected petition under Art. 32 of the Constitution raise common questions and therefore they are disposed of by this common order. The petitioner by a petition under Art. 226 filed before the High Court prayed for the issuance of a writ of habeas corpus, which is also the prayer before us, for the release of her husband Mohanlal Jatia, who has been detained by an order of the Additional Secretary to the Government of India, Ministry of Finance, Department of Revenue, dated December 13, 1985 under sub-s. (1) of S. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, on being satisfied that it was necessary to detain him "with a veiw to preventing him from acting in any manner prejudicial to the augmentation of foreign exchange".

2. In support of these petitions, learned counsel has mainly advanced the following contentions, namely : (1) As is evident from the grounds of detention, the detaining authority relied upon the statements recorded by R. C. Singh on the assumption that they were valid statements