( 1 ) WE are called upon to resolve the controversy centering around three questions referred to us by the Division Bench of this Court. The questions which have been referred to us arose for consideration before the Division Bench in this two petitions challenging the legality and validity of detention of two persons under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (COFEPOSAA for short ). The factual background in which these questions arise for our consideration is as under:

( 2 ) SPECIAL Criminal Application No. 240 of 1987 is filed by the son of one Bhanuprasad Parmanand Soni (hereinafter referred to as the detenu) who has been detained under sub-sec. (1) of Sec. 3 of the COFEPOSAA. The detention order dated 20/01/1987 was passed by the Additional Chief Secretary to the Government of Gujarat Home Department (detaining authority for short) on his being satisfied that with a view to preventing the detenu from engaging in keeping smuggled goods it was necessary to detain the detenu in exercise of the powers conferred under sub-sec. (1) of Sec. 3 of the COFEPOSAA. The order of detention was served on the detenu on 22/01/1987