( 1 ) IN this application under Article 226 of the constitution of India for Habeas Corpus, the petitioner has sought for release, on setting aside the order of detention, of her husband Sri Manas Kumar moitra, hereinafter referred to as the detenu, who has been detained on 24. 06. 2004 by virtue of an order of detention passed under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities act, 1974, hereinafter referred to as the COFEPOSA Act, on 21. 06. 2004. The said order of detention together with the grounds therefor is contained in annexure P-1 to the writ application.

( 2 ) THE background history leading to the above application is that two containers containing fraudulent export cargo of M/s. S. G. International Pvt. Ltd. , Kolkata, meant for loading on the vessel M. V. Thor Lone, were intercepted by the Officers of Dock Intelligence Unit (Prev.) on 15. 11. 2003 at netaji Subhas Dock Yard after issue of the dock challan. As no representative of the said exporter, of which the detenu is the director, was available, the seals of the containers were opened in presence of the authorized representative of the Customs House