K.S. MUDAGAL, J.

1. Whether the detention order Annexure 'A' dated 14.11.2017 passed by the first respondent and confirmation order Annexure 'D' dated 06.02.2018 passed by the second respondent are violative of Article 22(5) of the Constitution of India and the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'COFEPOSA Act') is the question involved in this case.

2. Petitioner is the wife of detenu Mr. Wasim Shariff. She has filed this petition on his behalf. The first respondent passed detention order Annexure 'A' invoking Section 3(1) of the COFEPOSA Act for detention of Mr. Wasim Shariff in Central Prison, Parappana Agrahara, Bengaluru on the grounds that such detention is required to prevent him from abetting the smuggling of goods in future. Annexure 'B' is the grounds of detention supporting Annexure 'A'. Annexure 'B' is passed on the basis of the report of the Sponsoring Authority viz., Department of Revenue, Intelligence, Zonal Unit and the material placed before him along with the said report.

3. As per the respondents the DRI, Bengaluru Zonal Unit the Sponsoring Authority, on the basis of specific intelligence information, on 08.10.2017 at 3.15 hours intercepted Skoda Octavia car No. KA-01-MB-835 and Hyundai Santro Xing Car No. KA-03-ME-6733 at Attibelle Toll Gate, Bengaluru and conducted search. It is alleged that during such search the inmates of Skoda Octavia car Mr. Farhad and Santro Car Mr. Syed Irfan escaped. The detenu was travelling in Santro Car along with his wife the petitioner and his sister Ruksar Fathima. It is alleged, on search of the cars they were found transporting 1012 turtles of Tricarinate Hill, Red eared slider and Indian Tent species in all worth Rs. 3.03 crores stuffing them in gunny bags, transparent boxes and petal designed pillow covers and packing them in trolley and duffel bags which were kept at the back boot leg space of Skoda Car. The raiding squad took the cars along with incriminating material to their office, seized the incriminating material under the mahazars in the presence of panchas and Forest Officials. The interrogation of the detenu revealed that he was transporting those fauna to Chennai to supply to one Mr. Pramod for onward export to Hongkong and China, previously he had smuggled and abetted the smuggling of the endangered species of fauna. As per respondents those fauna fall under Schedule I Wildlife Protection Act and were liable for confiscation under Customs Act.

4. The DRI Officials conducted the investigation into the matter seized the mobile phones and conducted search in the house of detenu and his shop. They conducted search in the house of the wife of detenu and his aids. During the search of the house Mohsin Ahmed who was another occupant of Skoda Octavia car was found in the house of the detenu, he was also arrested.

5. DRI the Sponsoring Authority registered the case against the detenu for violation of Section 104 of the Customs Act and produced him before the Special Court for economic offences and he was remanded to judicial custody. Simultaneously DRI the Sponsoring Authority also submitted the records to the first respondent proposing for preventive detention of said Mr. Wasim Shariff. The bail applications of the detenu were rejected by the trial court as well as Sessions Court.

6. The first respondent passed the impugned order Annexure 'A' along with the grounds of detention Annexure-B holding that with a view to prevent the detenu from abetting smuggling of goods in future it is necessary to make preventive detention order. The order was executed on 16.11.2017 and served on 16.11.2017 along with the grounds of detention, list of documents and the copies of the documents supporting the detention order. In Para No. 22 of the grounds of detention the first respondent briefed the detenu of his right to make representation against the detention order to the Detaining Authority and to the Advisory B