JUDGMENT

An order of detention No.F.No.673/167/91-CUS.VIII dated 9th April, 1991 authorising the detention of Haji Ahmed Ibrahim Merchant was passed under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. It was stated that on 4th April, 1991 the detenu said to be a resident of Bombay City, was intercepted at Panvel, Bombay and Gold Bars weighing 406641.90 grammes valued at Rs. 14,27,31,307.00 were seized and recovered from him.

2. The Nagpur Bench of the High Court of Bombay by its order dated 21st June, 1991 on Writ Petition No. 81 of 1991 brought by the detenus father-in-law, who invoked the jurisdiction of the Nagpur Bench on the ground that he was a resident of Nagpur, quashed the detention. The Union of India and the detaining authority assail this order on several grounds including the one that the Nagpur Bench could not have entertained the writ petition.

3. We have heard Shri Altaf Ahmed, learned Additional Solicitor General for the Union of India and Shri R. K. Jain, learned senior counsel for the respondent-detenu. Special leave is granted.

4. Though several contentions against the legality and validity of the detention had b