( 1 ) THE order of detention dated 5/04/1993, which is passed by the Additional Chief Secretary to Government of Gujarat, Home department, in exercise of powers conferred on him by sub-sec. (1) of Sec. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ("the Act" for short) against the petitioner with a view to preventing him from smuggling the goods, is subject-matter of challenge in the present petition which is filed under Art. 226 of the Constitution.

( 2 ) THOUGH the order of detention was passed on 5/04/1993, it could be executed on 24/11/1993. The competent authority issued Declaration No. 19 of 1993 under Sec. 9 (1) of the Act, as it was satisfied that the detenu was likely to smuggle goods into Indian Customs Waters contiguous to the State of Gujarat. Before that, the State Government had forwarded report in respect of detention order to the Central Government on 6/04/1993 as required by Sec. 3 (2) of the Act. The State Government, within five weeks from the date of detention of the detenu, made reference to the Advisory Board as required by Sec. 8 (b) of the Act. The advisory Board, after considering the materials placed before it, prepared its report specifying its opinion that there was sufficient cause for detention of the detenu. After receipt of the report from the Advisory Board, State Goverment confirmed the detention order on 18/05/1993 and has continued the detention of the detenu.

( 3 ) FROM the grounds of detention, it is apparent that on the basis of information, sea Patrolling was arranged by the Customs Officers of Bulsar Division. They noticed one Vessel moving suspiciously between Daman and Kalai. Officers of the customs chased the said Vessel and Vessel was given signal to stop, but it did not stop. The officers, therefore, resorted to firing and finally intercepted the Vessel. On interrogation of crew members on the Vessel, it was revealed that Vessel had started from Khorfkhan on 1/03/1992 with silver and gold which were to be unloaded at Daman. It was also revealed that they had given delivery of the said goods to the persons who came in a boat bearing No. MFV-Labh-Sawai-UMR-1106. The intercepted Vessel Parvati Devi was then brought to Valsad Jetty for thorough rummaging, but nothing incriminating was found. The crew members who were found on board the Vessel were : (1) Bachla Lallu, (2) Mahesh Kalan, (3) Chhanu hari, (4) Amrit Daji, and (5) Ramji Kalan.

( 4 ) THE grounds of detention reveal that the Vessel valued at Rs. 3 lacs was seized on 8-3-1992 under proper panchnama in the reasonable belief that the same was used for transporting contraband goods from Khorfkhan to Daman. As per grounds of detention on 8-3-1992, in pursuance of another information that silver slabs were dumped in the sea opposite Daman, officers rushed and combed the suspected area and were able to retrieve 149 silver slabs totally weighing 5,353. 169 kgs. valued at Rs. 4. 25 crores, which was seized under Customs Act. The grounds show that in the follow-up action the Vessel Labh-Sawai was found in an abandoned condition near Daman and it was seized under a panchnama in the reasonable belief that the same was used for transporting silver from the Vessel "parvati Devi".

( 5 ) IN the grounds of detention, role attributed to the petitioner is as under : on inquiry, one of the crew members, namely, Chhanu Hari stated that Jeevan govan Tandel, i. e. , the petitioner had alighted from the Vessel "paravti Devi" at daman. On interrogation in presence of panch witnesses, the crew admitted to have brought gold and silver from Khorfkhan and to have transhipped the same off daman, Opp. Hotel Mira Mar, Devka. The statements of crew members indicate that the detenu secured Vessel Parvati Devi-BLS-3033 and the detenu as Tandel as well as Chhanu Hari as driver and Mahesh Kalan, Bachla Lallu, Ramji Kalan and Amrit Daji, all started on 16/02/1992 for Khorfkhan, Dubai in order to smuggle