JUDGMENT - B.U. WAHANE, J.: ---The purpose of enactment of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act is to deal effectively with persons engaged in smuggling and foreign exchange racketering who, owing to their large resources and influence have been possing a serious threat to the economy and thereby to the security of the Nation. The enactment is preventive and not punitive. The provisions of preventive detention are extraordinary in nature. The detenue before us was detained under sub-section (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (in short COFEPOSA) by the Government of Maharashtra by its order dated 4-5-1989 at Annexure-I. The order was passed by Mr. L. Hmiglianna, Secretary (Preventive Detention), to the Government of Maharashtra, Home Department and Detaining Authority, who authenticated the said order on behalf of the State Government. The impugned order has been made with a view to prevent the detenu from engaging in smuggling activities.

2. By this petition, the detention has been challenged on certain grounds. Shri S.A. Jaiswal, learned Counsel appearing for the detenue submitt

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