( 1 ) THIS is an application under Article 226 of the Constitution of India challenging the order of detention of one Shri Mukti Prasad Dutta passed in exercise of the power conferred by Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act, for short ). The petitioner who is the son-in-law of the said Shri Mukti Prasad Dutta has filed this writ petition on behalf of the detenu. The order of detention was passed by the Joint Secretary to Govt. of India, Ministry of Finance, Department of Revenue on 5th January, 1995. Pursuant to that order the detenu Shri Mukti Prasad Dutta was arrested on 11th January, 1995. The detention, as the order purportingly announces, was considered necessary with a view to preventing the detenu from abetting the smuggling of goods in future. The detenue is a partner of M/s. N. Dutta Agency holding customs house clearing agency license and he worked as the clearing agent of the importers, M/s. R. N. J. Exports Pvt. Ltd. and M/s. R. S. I. Eng. (P) Ltd.

( 2 ) THE case of the respondents, Union of India and others, in short, is described below. The importers M/s.