JUDGMENT

S. RATNAVEL PANDIAN, J.:—Leave granted in S.L.P.

1A. The above appeal and the Writ Petition are filed by Smt. Hawabi Sayed Arif Hanif, who is the wife of the detenu, Sayed Arif Sayed Hanif, assailing the validity of the order of detention dated 23-10-90 passed against the detenu, by the first respondent (Secretary, Preventive Detention, to the Government of Maharashtra) in exercise of the powers conferred on him under sub-sec. (1) of S. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act) with a view to preventing him from smuggling of goods.

2. The factual matrix of the case in a short compass can be stated as follows :

In pursuance of the information collected by the officers of the Directorate of Revenue, Intelligence, a surveillance was maintained by the officers on Coast Guard Vessel O.G. VIGRAH in the sea off Karwar for a suspect Arab Dhow carrying foreign silver to smuggle into India. During surveillance around 23.00 hours on 25-9-90, the officers sighted an Arab Dhow about 3 to 5 nautical miles away from Karwar harbour. On suspicion the officers signalled with loud speakers and search lights to