V.D. TULZAPURKAR, J.

(1) BY this writ petition the detention of one Mangat Ram Anand, a detenu, detained under an order dated 3/04/1979 issued under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act is sought to be quashed.

(2) ADMITTEDLY the case of the detenu was considered by the Chief Secretary, Delhi Administration, who passed the detention order acting as the specially empowered officer under S. 3 of the Act. On 20/04/1979 a representation was made to the detaining authority (Chief secretary) by the detenu, which was received by that authority on 24/04/1979. It appears that before the representation was considered by the detaining authority the same was forwarded to the Advisory Board for its consideration, which had held its meeting on 17/05/1979. Thereafter on 24/05/1979 the detenu was informed that his representation had been considered by the Administrator) Delhi, and had been rejected. On these facts Mr. Jethmalani appearing for the petitioner contended that the continuous detention of the detenu pursuant to the detention order was illegal and would have to be quashed on two grounds (a) that it was obligatory upon th