B.N.Agrawal, J.

1. This application has been filed for issuance of a writ of habeas corpus after quashing the order of detention passed on 7th of July, 1988 by the Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue (hereinafter referred to as the Joint Secretary) under Sec.3(I) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988 (7 of 1988) published in the extraordinary issue of the Gazette of India on 4th of July, 1988 (hereinafter referred to as the Ordinance) contained in Annexure T to the Writ application.

2. The short facts for disposal of this application are that on 9-5-1988 the petitioners were arrested in connection with Custom case No. 13 of 1988 under Sec.135 of the Customs Act, 1962 (Act No. 52 of 1962) (hereinafter referred to as the Act) and the said case was pending in the court of the Presiding Officer, Special Court for trial of Economic offences, Muzaffarpur (hereinafter referred to "the Special Court"). When the petitioners were in jail in connection with aforesaid substantive case an order of detention was passed on 7th of July, 1988 by the Joint Secretary under Sec.3(I)