JUDGMENT

BHARUCHA, J.:- Special leave to appeal granted.

2. This is an appeal against the judgment and order of a Division Bench of the High Court of Judicature at Madras issuing a writ of mandamus against the present appellant directing it to forbear from implementing the order of detention issued by it against one Sheik Ahamed Hajee, son of Mammoo under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA).

3. The detention order was issued on 8th March 1988. On 5th April 1989 the detenu filed a writ petition in the High Court of Judicature at Calcutta (being Writ Petition No.C.O.4202/W/ 89) impugning the detention order. The detenu stated therein that he was a resident of Aberdeen Bazar, Port Blair, and carried on business therefrom. The writ petition was admitted and the present appellant was restrained from detaining the detenu for a period of two weeks. On 19th April 1989 the injunction was extended to operate pending the disposal of the writ petition. On 12th April 1991, upon consideration of the counter-affidavit filed by the present appellant, the order of injunction was vacated. Thereupon