P.N.BHAGWATI, J.

(1) THIS is a petition for a writ of habeas corpus for securing the release of one Hasnain Mukhtar Hussain Lakdawala (hereinafter referred to as the detenu) who has been detained by the government of Maharashtra under an order of detention dated 31/12/1980 made in exercise of the powers conferred under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the COFEPOSA Act). This order of detention though dated 31/12/1980 was served on the detenu on 17/01/1981 and along with the order of detention, a communication, also dated 31/12/1980, was served on the detenu containing the grounds of detention. The government of Maharashtra also served on the detenu at the same time a letter dated 7/01/1981 enclosing copies of the documents relied upon in the grounds of detention. It appears that on 6/02/1981 the advocate of the detenu addressed a letter to the Superintendent, Bombay central Prison where the detenu was then confined and along with this letter he forwarded nine copies of the representation which was to be submitted by the detenu to the Government of Maharashtra against the order of detention. This letter was delivered by the authorities in charge of the Bombay central Prison to the detenu on 6/02/1981, but on the same day the detenu was shifted from the Bombay central Prison to Nasik Road central Prison and the nine copies of the representation were therefore carried by the detenu with him to the Nasik Road central Prison and from there, the requisite number of copies of the representation duly signed by the detenu were forwarded to the government of Maharashtra and the Chairman of the Advisory Board on 10/02/1981. This representation was however rejected by the government of Maharashtra by its letter dated 25/02/1981. It appears that a copy of the representation was also sent by the detenu to the central government and by its letter dated 26/02/1981 the central government too rejected the representation. In the meantime, the case of the detenu was referred to the Advisory Board and on March 11, 1981, the detenu was called for an oral hearing by the Advisory Board and at this meeting the detenu handed over to the Chairman and Members of the Advisory Board four copies of a further representation dated March 11, 1981 addressed by him jointly to the Chairman and the Members of the Advisory Board and the government of Maharashtra praying that the government of Maharashtra may be pleased to revoke the order of detention and set the detenu at liberty. The Advisory Board considered the case of the detenu and by a letter dated 16/03/1981, the secretary of the Advisory Board intimated to the advocate of the detenu that the Advisory Board had by its report dated 12/03/1981 advised the government of Maharashtra that there was sufficient cause for the detention of the detenu. The State government thereafter in exercise of the powers conferred under clause (f) of S. 8 passed an order dated 23/03/1981 reciting the opinion given by the Advisory Board and confirming the order of the detention. The petitioner who is the wife of the detenu thereupon preferred the present writ petition challenging the order of detention made by the Government of Maharashtra as also the continuance of the detention under the subsequent order dated 23/03/1981.

(2) THERE were several grounds urged on behalf of the petitioner in support of the petition and each one of them was seriously pressed before us by Mr. Jethmalani on behalf of the petitioner. The first ground was that the order of detention was made by one P. V. Nayak, secretary to Government, Revenue and Forest Department and Ex-Officio secretary to government, Home Department while the representation made by the detenu against the order of detention was considered and disposed of by the Minister of State for Home Affairs and not by P. V. Nayak and hence there was no effective consideration of