( 1 ) BY this petition styled to be under Articles 226 and 227 of the Constitution of India, 1950 (in short the "constitution") legality and validity of the order dated 19th September, 2000 passed by the Union of India-Respondent No. 1 through its Joint Secretary, Department of revenue, Ministry of Finance, has been challenged. Said order of mittimus was passed in exercise of powers conferred under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short the "act") for taining the petitioner with a view to preventing the petitioner (hereinafter referred to as detenu ) from smuggling goods in future. Prayer is for issuance of a writ in the nature of habeas corpus.

( 2 ) GROUNDS on which detention has been directed and background thereof are as follows: on 28/08/2000 detenu, a holder of Uzbek passport, arrived at the IGI Airport from Bishkek by flight No. K2-545. She was intercepted at the exit gate of arrival hall after she had walked through the green channel and was trying to clear her baggage. She was asked by a plain clothed Customs Officer as to whether she was carrying any dutiable goods, gold or any other item in commercial quantity, to which she replied in the negative. She was diverted for detailed examination. Two independent witnesses were called and in their presence she was asked whether she understood English language, to which she replied in the affirmative. She explained that she understands, English language but could not write. She was again asked in the presence of independent witnesses whether she was carrying any dutiable goods or gold or any other item in commercial quantity, to which she again replied in the negative. Thereafter when asked by Customs Officer she handed over her air ticket. On scrutiny of the air ticket, it was found that there were 27 packages weighing 2200 kgs. booked on her air ticket. When confronted with this, she accepted having brought 27 bags and her intention was to take these bags out of Customs arrival hall with the help of a loader one by one. Remaining 26 bags, which were lying by the side of the baggage belt no. 1, were brought near preventive room in the arrival hall. Baggage tags found on 26 bags were found tallying with the baggage stub affixed on her air ticket. The officer then served upon her a notice under Section 102 of the Customs Act, 1962 (in short the "customs Act") informing her that her baggage and person were to be searched and, if she so desired the search could be conducted in the presence of a Magistrate or a Gazetted Officer of Customs, to which she stated that any Customs Officer can search her and her baggage. All the 27 bags were opened and examined in the presence of independent witnesses and with her association were found to contain off-white Chinese Silk fabrics measuring 81,160 yards valued at Rs. 81,16,000/- (International Value) and Rs. 1,55,82,720/- (Local Market Value ). She was asked to produce any evidence, documentary or otherwise, for lawful importation of the recovered fabrics, to which she replied in the negative. The recovered goods were seized under Section 110 of the Customs Act on the reasonable belief that these were liable to confiscation under the Customs Act. Air-line ticket and excess baggage coupon and other documents were taken into possession by the Customs Officer. She tendered a voluntary statement on 28/02/2000 which was recorded in English with the help of one Mukul kumar, a qualified interpreter of Russian language. She stated that her age was 26 years. She could read, write and speak Russian language only and understood little English. She was a doctor by profession and had done doctorate from Red Cross Society, Tashkent in 1992. She had started the business of taking goods to India, where have an easy market selling them at profit and bringing back goods to Tashkent for being sold for profit. Her husband is a sports person. She was brining fabrics to