Judgment

NATARAJAN, J. : - Leave granted.

Being more concerned with the law adumbrated by the High Court of Bombay rather than with the quashing of the order of detention passed against a detenu by name Bhadresh Mafatlal Shah, son of respondent No. I herein, under Section 3(l) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called the COFEPOSA Act) the State of Maharashtra has filed this appeal by special leave against the order of the High Court in Crl. Writ Petition No. 356 of 1987. The High Court has quashed the order of detention on the ground that Shri D. N. Capoor, Officer on Special Duty and Ex-officio Secretary to the Government of Maharashtra, Home Department (hereinafter referred to as D. N. Capoor only) who had passed the order of detention had only communicated to the detenu that "he had a right to make a representation to the State Government as also to the Government of India against the order of detention" and had failed to communicate that "he had also a right to make a representation to the Detaining Authority himself". The constitutional safeguards and imperatives under Article 22(5) had been violated inasmuch as