Parekh, J. - By this writ petition for a writ of Habeas Corpus, the petitioner challenges an order dated 14th September, 1982 passed by the Government of Maharashtra in exercise of its powers under sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (52 of 1974), with a view to preventing the petitioner from indulging in smuggling goods.

2. The petitioner's case is that he is an Iraqi national. That he had come to Bombay for the first time on 18th March, 1982 on a pleasure trip for about 10 days. That he left Bombay on 28th March, 1982. That on his return to Kuwait, he contacted the Directors of Kuwaitian Company and acquainted them with the possibilities of procuring cheap labour from India. That his company, therefore, depicted him to return to Bombay and negotiate procurement of Indian labour. That he hence came to Bombay on the 8th April, 1982 by Kuwait Airways Flight No. KU 300. That during this journey, he lost a bag and was given a landing certificate bearing No. 19736 at the Bombay Airport. In this landing certificate, his bag was described as a brown coloured bag which carried a tag. That he had rep