REGE, J. :- This is a petition under Art.226 of the Constitution of India by a detenu detained under the detention order dated 20th Feb., 1981 made under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act of 1974 (hereinafter referred to as COFEPOSA ACT).

2. The petitioner was served with the order of detention on 20th Feb., 1981. Along with the detention order he was served with the grounds of detention and copies of certain documents relied upon in the grounds.

3. The grounds of detention concern an incident of smuggling silver out of India. A consignment supposed to con-tain electronic goods was sent by one New Era Electronics, Seepez Zone. Marol Andheri to M/s. New Era Gems Co., Hongkong. The consignment arrived at Honkong by British Airways A.B. 003. On arrival it was found that instead of containing electronic goods, for which it was declared, it contained silver weigh-ing 194 kgs. in the form of 248 silver bars valued at H.K.S. 684 equivalent to Rs. 11 lacs approximately. As a result, the consignment was confiscated.

4. Investigations disclosed that there was in fact no company by the name of New Era Electronics at Seepez who had consigned the