JUDGMENT - H.H. KANTHARIA, J.:---The petitioner here is the wife of one Ramesh Anant Pai. She takes exception to the detention order passed against her husband under sub-section (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the said Act'), issued on April 17, 1990 by the third respondent, the Secretary to the Government of Maharashtra. Home Department (Special), Mantralaya, Bombay-400 032 with a view to preventing the said Ramesh Anant Pai (hereinafter referred to as 'the detenu') from engaging in transportation of smuggled goods. The detention order was served on the detenu on April 20, 1990. The Union of India (first respondent), through Special Secretary, issued declaration under section 9(1) of the Act on May 10, 1990.

2. Admittedly, the grounds of detention were formulated along with the order of detention and there is no dispute about the service of detention order, grounds of detention and the material relied upon by the detaining authority while formulating the grounds of detention. Shortly stated, it was alleged against the detenu that on February 19, 1990 customs officers attached to

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