( 1 ) IN this group of Special Civil Application under Art. 226 of the Constitution of India, the petitioners are either detenus or their family members and associates. They have challenged the original order of detention passed during Emergency under Conservation of Foreign Exchange and Prevention of smuggling Activities Act, 1974 (hereinafter referred to as "cofeposa") as well as the proceedings instituted against them under Smuggling and Foreign Exchange manipulators (Forfeiture of Property) Act, 1976 (hereinafter referred to as "safema") prefectory Note : a proclamation of Emergency dated 3-12-1971 came to be issued under Art. 352 (1) of the Constitution of India on the ground that "security of India is threatened by external aggression". With a view to deal effectively with threats to the defence of India and to the security of India, the Maintenance of Internal Security Ordinance was promulgated which was replaced by the Act known as Maintenance of Internal security Act, 1971 (hereinafter called as "misa") on 2-7-1971. Realising smuggling, foreign exchange racketeering and such related activities having deleterious effect on the national economy and thereby a