JUDGMENT

Leave granted.

1A. Both the above appeal and writ petition are directed by Smt. Kusum Chandrakant Khaushe who is the wife of the detenu, namely, Chandrakant Mahadev Khaushe.

2. The detenu, Chandrakant Mahadev Khaushe is detained under the strength of the order of detention passed by the Secretary (Preventive Detection) to the Government of Maharashtra, Home Department who is the respondent No. 1 in both the matters in exercise of the powers conferred under sub-sec. (i) of S. 3 of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act) with a view to preventing the detenu from engaging in transporting smuggled goods.

3. In the wee hours of 22nd July 1990, the custom officers posted at the Sahar International Airport, Bombay found two special equipment boxes bearing Nos. 20 and 21 being abnormally heavy which boxes were kept in the special compartment in the bulk cargo hold on the rear side of the aircraft which had earlier arrived from Tokyo as Flight No. AI 309. On suspicion, the seals of the boxes were broken. On opening the special equipment box No. 20 in the presence of witnesses, two jackets of navy blue colou