( 1 ) BY means of filing this petition under Art. 226 of the constitution, Harish Anand-detenu herein is seeking to challenge the order of detention dated January 17, 1995 issued by respondent No. 3, i. e. , Additional Chief secretary to Government of Gujarat, Home Department (Spl.), under Sec. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ("the Act" for short) and prays to issue a writ of habeas corpus directing his release after quashing the detention order.

( 2 ) THE order of detention was executed on January 30, 1995. The communication dated January 17, 1995 which was served on the petitioner at the time of his detention intimated to him the following grounds on which the order of detention was made by the respondent No. 3 : (i) On December 15, 1993, the vessel MSV-AL-BILAL/pbr- 273 arrived at bedi Port, Jamnagar with cargo of wet dates. The usual customs formalities were completed and cargo of wet dates was unloaded. In the meanwhile, officers of DRI received intelligence that ball bearings of foreign origin were concealed in the said vessel. Therefore, the officers of DRI and Customs, Jamnagar rummaged the said