JUDGMENT

S. Natarajan, J.- This petition for special leave directed against the judgment and order of the Bombay High Court dated May 3, 1986 and the connected petition under Article 32 of the Constitution raise common questions and therefore they are disposed of by this common order. The petitioner by a petition under Article 2-26 filed before the High Court prayed for the issuance of a writ of habeas corpus which is also the prayer before us, for the release of her husband Mohalal Jatia, who has been detained by an order of the Additional Secretary to the Government of India, Ministry of Finance, Department of Revenue dated December 13, 1985 under sub-section (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. 1974 on being satisfied that it was necessary to detain him with a view to preventing him from acting in any manner prejudicial to the augmentation of foreign exchange.

2. Intelligence gathered by the Directorate of Revenue Intelligence, Bombay was that one Subhash Gadia, the brother-in-law of the detenu Mohan Jatia, a very rich and prosperous businessman of Bombay, was under-invoicing the imports of yarn from Japan. On the b