N. C. Mukherji, J. :- This is an application under Article 226 of the Constitution of India for a writ and/or order, or orders, and/or directions in the nature of a Writ of Habeas Corpus in the matter of an order bearing No. F. No. 673/20/80-Cus. VIII passed by Shri B.B. Gujral, Additional Secretary to the Government of India, Ministry of Finance, (Department of Revenue). New Delhi on 28th October, 1980 in purported exercise of powers conferred by S.3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The said order was passed on the basis of which the petitioner Shri Satyanarayan Kothari has been detained in Presidency Jail, Calcutta. It is the case of the petitioner that he carries on bona fide business in Textiles and Hosiery goods in Barabazar at Calcutta. That on 9th Nov., 1980 some officers of the Custom came to his house and enquired of him. The petitioner at that time was asleep and could not attend the officers who came there. The house of the petitioner was surrounded and kept on guard throughout the night. On the next morning the petitioner was arrested and taken to the Custom House. At the Custom House, the petitioner w