( 1 ) ORDER :- Smt. Madhu. Khanna has filed the special leave petition against the judgment of the Delhi High Court dismissing her application under Art. 226 of the Constitution praying for quashing the detention of her husband by the order dated 11/12/1985 under S. 3 (1) read with S. 2 (f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter referred to as the COFEPOSA Act, and also for the quashing of the declaration dated 14/02/1986 made under S. 3 (1) of the COFEPOSA Act. She has also filed a writ petition under Art. 32 of the Constitution challenging the validity of both the aforesaid orders. A rule nisi has been issued on the writ petition.

( 2 ) AS prayed for, the special leave is granted. However, as elaborate arguments have been made by the learned Counsel of the parties, we proceed to dispose of the appeal on merits. Needless to say, the disposal of the appeal will mean disposal of the rule nisi.

( 3 ) THE detenu, Viswa Nath Khanna, was a clearing agent. It is not disputed that he used to arrange for the import of foreign goods for the, staff of the Afghan Embassy in India. It appears from the grounds of detention that on 1