The petitioner’s husband was detained by an order dated November 20, 1984 under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 on the ground, that contraband articles alleged to be worth more than 1/2 crore of rupees had been received on the sea-shore at the back of Raj Bhavan, Bombay, that access to this place was only through the Raj; Bhavan, and that he had asked an employee of the Raj Bhavan compound for the purpose of transporting the contraband articles.

The petitioner in her writ petition to this Court assailed the order of detention as also the subsequent declaration dated December 12, 1984 under section 9 of the Act. Earlier the petitioner had challenged the detention order by filing a writ petition before the High Court but the same was dismissed.

It was contended on behalf of the petitioner that:

(1) the petitioner made a representation against the detention of her husband on November 24, 1984 and it was received in the Secret