JUDGMENT - S.C. PRATAP, J.:---This petition under Article 226 of the Constitution questions the validly of the order of detention dated July 1, 1975, under section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, against one Yusuf Abdulla Patel, the brother-in-law of the petitioner herein, against whom in turn a show cause notice was issued under the provisions of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976.

2. Facts and circumstances, briefly stated, are as follows :---

In September 1974, an order of detention was made against the said Yusuf Patel under section 3(1) of the Maintenance of Internal Security Act. This order was challenged under Articles 226 and 227 of the Constitution. In the meanwhile, Parliament enacted the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter the said Act). By virtue thereof, the above order lapsed and challenge thereto no longer survived. In December 1974, another order of detention was made against the said Yusuf Patel this time under section 3 of the said Act. This order was challenged in the Delhi High Court which, by its judgmen

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