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(1) This petition under Article 226 of the Constitution of India seeks declarations that the detention order dated July 1, 1975 passed against the petitioner under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 and the declaration also made on July 1, 1975 under Section 12A of the said Act are illegal and void ab initio.

(2) The petition has arisen on these facts. Shri Ram Lal Narang, the petitioner pursuant to an order made on October 4, 1974 was detained under Section 3(1) of the Maintenance of Internal Security Act, 1971 (for short called the MISA), as amended by the Maintenance of Internal Security (Amendment) Ordinance, 1974. Misa, as originally enacted did not provide for preventive detention erf persons suspected of smuggling or abetting smuggling, but these activities were brought within its ambit by the said Ordinance. The detention of the petitioner was challenged in the High Court of Bombay by his son Ramesh Narang who sought a writ of Habeas Corpus, being Criminal Application No. 847 of 1974. The said petition was dismissed on December 5, 1974 and the petitioner continued to be detained by virtue of the order under the MISA. The Maintenance of Internal Security (Amendment) Ordinance, 1974 was repealed by Section 14 of 'the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short called the COFEPOSA) and accordingly the amendments made in the Misa ceased to have effect on the commencement of COFEPOSA. Section 3 of the Cofeposa conferred power to make orders detaining certain person also with a view to preventing him from smuggling goods or abetting the Smuggling Activites Act, 1974 (for short called the President on December 13, 1974 and published in the. Gazette of India dated December 13, 1974. It was to come into force on such date (being a date not later than 20th day of December, 1974) as the Central Government may, by notification in the official Gazette appoint. The Central Government appointment the date as December 19, 1947 when Cofeposa came into force by publication of a notification dated December 16, 1974. The detention order made under the Misa, ceased to have effect. The petitioner was technically released from detention under the Misa in morning of December 19, 1974.