JUDGMENT

K. JAGANNATHA SHETTY, J.:— A Division Bench of this Court while expressing the view that the decisions in V. J. Jain v. Shri Pradhan, AIR 1979 SC 1501 :(1979) 4 SCC 401 and Om Prakash Bahl v. Union of India, W.P. No. 845 of 1979 decided on 15-10-1979 (Unreported), require re-consideration has referred these matters to the Constitution Bench.

2. It is convenient at this point to refer to the statement of law laid down in the aforesaid two cases. In both the cases, as in the present case, the persons were detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (the Act). The detenu made representation to the appropriate Government. By then the Advisory Board was already constituted and it was scheduled to meet to consider the case of the detenu. The Government forwarded the detenus representation to the Advisory Board. The Advisory Board considered the case of the detenu and also the representation and submitted report expressing the opinion that there was sufficient cause for the detention of the person. The Government after considering that report confirmed the order of detention. It appears that the representation of the detenu