JUDGMENT

AHMADI, J. (for himself and an behalf of V. Ramaswami, J.):—Special leave granted.

2. The events leading to the filing of these two appeals, briefly stated, are that on the afternoon of March 25, 1990, the officers of the Directorate of Revenue Intelligence being in possession of information intercepted a motor car at about 3.45 p.m., driven by the appellant Amir Shad Khan with the appellant Aziz Ahmad Khan as his companion. On search of the vehicle 1400 gold bars were recovered. The statements of the two appellants were recorded and thereafter they were formally arrested on March 28, 1990 and produced before the Chief Metropolitan Magistrate, Bombay. The Chief Metropolitan Magistrate granted remand. While the matter was under investigation a proposal was made to the first respondent-Secretary (Preventive Detention), Government of Maharashtra for invoking the powers conferred on him by Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter calledthe Act). On the very next day after the receipt of the proposal the first respondent passed the impugned orders of detention against the two appellants. These orders were pas