( 1 ) THE petitioner Devi Dass was detained by an order dated June 30, 1984 passed by the Administrator, Union Territory of Delhi, under S. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short COFEPOSA ). Pursuant to the order of detention the petitioner was arrested on January 14, 1985. The petitioner was supplied with the grounds of detention dated June 30, 1984 on January 18, 1985 along with documents as per the two lists of documents, Annexures B and C to the writ petition. The order of detention states that me Administraor of he Union Teiritory of Delhi is satisfied-with regard to the petitioner Devi Dass that with a view to. preventing him from abetting the smuggling of goods, namely, wrist watches, it is necessary to make the following order "now, therefore, in exercise of the powers conferred by Section 3 (i) and (a) read with Section 2 (f) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, the Administrator of the Union Territory of Delhi is pleased to direct that the said Shri Devi Dass be detained in custody in Central Jail, Tihar New Delhi"

( 2 ) IT is the common case of the parties that although the grounds of detention run into 25 pages, comprising 31 paras, the real ground of detention is only one and the entire other narration in the grounds of detention gives the facts and circumstances leading to that particular ground, as also reference to the evidence and the material as gathered against the petitioner in that regard. It is stated that one Suresh Chaudhary prior to Septemper 3,1982 approached. the petitioner Devi Dass at his shop No. 34, Gaffar Market, New Delhi, to help him to transfer Rs. 30,0001- to Hong Kong. Suresh Chaudhary paid Rs. 30,000. 00 in Indian currency to the petitioner and the petitioner gave him a chit on which some thing was written in code words. The petitioner told Suresh Chaudhary to show that chit to M/s Lal Sons,, 1st Floor, chung King Mansion, Hong Kong who were not known to Suresh Chaudhary prior to that. The petitioner also told Suresh Chaudhary that on the showing of that. chit Mis Lal Son would give film (Suresh Chaudhary) Hong Kong dollars 15,000. Suresh Chaudhary then went to Hong Kong on August 3,1983 from Delhi. He handed over the said chit to M/s Lal sons at Hong Kong who gave 15,000 Hong Kong dollars to Suresh Chaudhary in lieu thereof. Rs. 30,000. 00 as obtained by the petitioner from Suresh Chaudhary included his commission of the transaction Suresh Chaudhary stayed in Hong Kong from August 3,1983 to August 25,1983 from Where he then came to Singapure on August 25,1983. Suresh Choudhry flew to Madras from Singapure on September 2,1983 and from Madras be finally arrived at Delhi Airport on September 2,1983 at 10. 00 hours. On search of the five pieces of hand bags of Suresh Chaudhary quartz wrist watches worth Rs. 44,400. 00 , two lady Citizen Quartz wrist watches valued at Rs. 600. 00 and 4000 button cells valued at Rs. 8,000. 00 thus of the total value of Rs. 53,000. 00 Were seized under S. 110 of the Customs Act 1962. Surest Chaudhary in his statement recorded on September 2,1983 by the Customs Officer under S. 108 of the Customs Act, 1962 had stated that the petitioner had given him the said chit on being paid Rs. 30,0001- in the Indian currency by Suressh Chaudhary. It is alleged that the petitioner by giving the chit with the code words thereon on the basis of which Suresh Chaudhary obtained 15,000 Hong Kong dollars from M/s Lal Sons of Hong Kong had abetted the smuggling of goods, namely, wrist watches by Suresh Chaudhary in India.

( 2 ) THE detention has been challenged by the petitioner in his writ petition on a number of grounds. . The respondents in their counter-affidavit had traversed the various grounds as raised by the petitioner, the first ground of challenge to the order of detention as canvassed before me is that order of detention is at variance with