A.S. VENKATCHALA MOORTHY, J. :---This petition has been filed by the petitioner-detenu Shri P.V.B. Chary @ Babu Chary praying this Court to issue a writ of habeas corpus or any other appropriate order or direction quashing and setting aside the impugned order of detention bearing No. S.P.L. 3(A)/ PSA. 0194/76 dated 1st August, 1994, issued by Shri R.D. Tyagi respondent No. 1, against the detenu and directing that the detenu be released from the detention forthwith and be set at liberty.

2. The Principal Secretary to the Government of Maharashtra, Home Department passed the impugned order dated 1st August, 1994 who was specially empowered by the Government of Maharashtra under Government Order, Home Department (Special), No. SPL. 3(A)/PSA.1094/1, dated 16th May, 1994, under sub-section (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) (hereinafter referred to an 'the Act'), after having satisfied that it is necessary to detain the detenu under the said Act, with a view to prevent him from abetting the smuggling of the goods. The order further reads that the detenu shall be detained in Bombay Central Prison, Bombay for one week from the date of the detention, in the Central Prison, Nashik thereafter and shall be subject to the conditions laid down in the Act.

3. Before the various points raised by the Counsel for the petitioner are taken for consideration certain undisputed facts may be referred to which would enable this Court to appreciate rival contentions of the parties.

4. The order of detention was passed by the first respondent on 1st August, 1994. The said order of detention along with the grounds of detention was served on the detenu on 25th October, 1994.

5. Subsequently on 28-10-1994 at the directions of the detaining authority the Under Secretary to the Government of Maharashtra, Home Department (Special) sent a communication to the detenu. It is necessary at this stage to quote the entire text of the communication. The same is as under :---

"Please refer to Government letter No. SPL-3(A)/PSA 0194/76 dated the 25-10-94 communicating you the grounds of detention on the basis of which the detention order was issued against you by the Secretary to the Government of Maharashtra (Preventive Detention) Home Department and detaining authority.

As directed by the detaining authority, I am to request you kindly to read Paragraph No. 26 after para No. 25 in the grounds of detention which were communicated to you. Paragraph No. 26 is as follows :---

"Para No. 26 :---

I further inform you that you have a right to make a representation to the detaining authority against my order of detention. Should you wish to make such a representation you should address it to the Secretary to the Government of Maharashtra (Preventive Detention), Home Department, and Detaining Authority, Mantralaya, Bombay 400 032, through the Supdt. of the Jail, where you are detained."

Thereafter renumbering of remaining paragraphs should be read as No. 27, 28 and 29."

This communication dated 28th October, 1994 was served on the detenu on 31st October, 1994. In the mean white the detenu through his counsel Shri U.N. Tripathi addressed a letter to the first respondent dated 30th November, 1994. In the said letter the Counsel has stated that after taking due instructions from his client viz., the detenu he is addressing the letter and further requesting first respondent to furnish the list of documents set out therein immediately so as to enable the detenu to make an effective representation to the Government as well as to file a writ petition in the High Court of Judicature at Bombay. The said letter sent by the Counsel was received by the Home Department on 6th December, 1994. The counsel for the petitioner detenu prepared a representation dated 5-12-1994 and forwarded it to the State Government by hand delivery. The original document forwarded shows that it was received by the Private Sec