Summarize the following court judgment. N: Criminal Appeal No. 451 of 1978. Appeal by Special leave from the Judgment AND order dated S G 78 of the Bombay High Court in Criminal Application No. 15 of 1978. Ram Jethmalani Ashok Desai	 section J. Thakore	 K. R. Krishnamurthy	 Sri Narain for M/s J. B. Dadachanji and Co. for the Appellants. H. R. Khanna and M. N. Shroff for the State of Maharashtra. P. N. Lekhi	 Girish Chandra and Miss A. Subhashini for Union of India. The judgment of the Court was delivered by SEN	 J. This appeal by special leave directed against a judgment of the Bombay High Court dated 5th June	 1978	 dismissing a petition filed by the appellant under Article 226 of the Constitution	 by which he prayed for the issue of a writ of habeas corpus	 and the connected petition under Article 32 of the Constitution by his wife for the issuance of a writ of habeas corpus for his release raise a common question and therefore they are disposed of by this common judgment. A vessel known as 'Jamnaprasad ' BLS 61 valued at one lac of rupees was found grounded in a creek off the coast near village KimKhadi on the 20th August	 1977. On receipt of information regarding the grounding of the vessel the Customs officers	 Hansot	 visited the spot and examined the contents of the cargo aboard the aforesaid grounded vessel. It was laden with 12 rolls of stainless steel sheets each weighing one tonne	 valued at Rs. 15	44	400/ . The aforesaid vessel and the contraband goods found aboard it were seized by the 318 Customs officers for action under the . They made inquiries about the whereabouts of the crew members of the aforesaid vessel 'Jamnaprasad ' and were successful in apprehending them and the others involved. Intelligence gathered by the Customs officers clearly indicate that the appellant was the main person connected with the smuggling of the aforesaid cargo of contraband goods	 namely 12 stainless steel sheets recovered from vessel 'Jamnaprasad ' BLS 61. The appellant	 who ostensibly carries on the business of manufacturing	 sale and export of Umrao brand wick stoves	 spray pumps	 cash and jewellery metal boxes	 in the name and style of "Umrao Industries" and has his factory for the manufacture of the aforesaid items at village Kim	 has been detained by an order of the Addl. Secretary to the Government of India	 Ministry of Finance (Department of Revenue)	 New Delhi	 dated the 1st of February	 1978 under sub section (1) of section 3 of the 	 with a view to prevent him from smuggling goods. He was arrested and placed under detention on the 5th of February	 1978	 and is at present detained in the Central Prison	 Bombay. At the time of his arrest	 the appellant was served with the order of detention together with the grounds of detention with full particulars on which the order of detention was based. On 15th February	 1978 the case was referred by the Government to the Advisory Board as required under section 8(b) of the Act to enable the Board to make its report under sub cl. (a) of cl. (4) of Article 22 of the. Constitution. The appellant made two representations against his detention to the Government	 one dated the 4th and the other dated the 6th of March	 1978	 which were received by the Government on the 7th and 8th March	 1978	 respectively. The Advisory Board had	 in the meanwhile addressed a letter dated 21st of February	 1978	 to the Government intimating that the case would be taken up on the 13th March	 asking that the detenu be produced at the hearing and the Government should also forward the representation	 if any	 made by the appellant	 together with the comments/decision of the Government	 if any. On the 13th of March	 the appellant was accordingly produced before the Advisory Board. The Government placed before the Board the two representations made by the appellant together with its comments. The appellant was heard in person; the Government 's point of view was placed before the Advisory Board by the Deputy Secretary to the Government	 Ministry of Finance	 Department of Revenue	 who was accompanied by the Assistant Collector. Customs	 319 Bulsar. On the 16th of March	 1978	 the appellant sent a telegram to the Advisory Board supplementing his oral submissions. The detaining authority rejected the representations made by the appellant on 1 8th of March	 1978. On 10th of April	 1978 the Advisory Board submitted its report giving its opinion that there was sufficient cause for the detention. The Government accordingly confirmed the order B	 of detention. In the light of the circumstances appearing	 it was conceded that the grounds for detention set out the facts with sufficient degree of particularity and that it did furnish sufficient nexus for forming the subjective satisfaction of the detaining authority. The order of detention was	 therefore	 not challenged on the ground that the grounds furnished were vague or indefinite or lacking in particulars or were not adequate or sufficient for the satisfaction of the detaining authority	 or for the making of any effective representation. It is argued that the detention of the appellant was	 however	 bad for two reasons namely	 (1) the detention was in violation of the constitutional right guaranteed under Article 22(5)	 inasmuch as the Government withheld consideration of the representations made by the appellant till after the hearing before the Advisory Board	 and (2) the impugned order of detention is bad due to non application of mind inasmuch as the facts alleged clearly and distinctly show that the appellant did not himself smuggle the contraband goods. Both the contentions are	 in our opinion	 wholly devoid of substance. It is urged that the Government was under a constitutional obligation to consider the representations before the hearing before the Advisory Board. There is no quarrel with the principle but the difficulty is about the application of the principle on the facts and circumstances of the present case. In fact	 the Government has to reach its decision uninfluenced by the opinion of the Advisory Board. It is	 however	 urged that the Government; in This particular case	 had not made up its mind till the hearing before the Advisory Board on 13th March	 1978	 and therefore	 its decision reached on the 18th March was not that independent application of mind that the law requires	 because by then the proceedings had: begun before the Board and the Government must have been influenced in its decision. There is no warrant for the submission that the disposal of the 1 representations made by the Government	 in the instant case	 was not in conformity with Article 22(5) of the Constitution. First	 we shall 320 deal with the law on the subject before dealing with the factual aspect. Article 22(5) of the Constitution enacts: "When any person is detained in pursuance of an order made under any law providing for preventive detention	 the authority making the order shall	 as soon as may be	 communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order." In Abdul Karim & ors. vs State of West Bengal(t) this Court interpreted the language of Article 22(5) and observed: "Article 22(5) does not expressly say to whom the representation is to be made and how the detaining authority is to deal with the representation. But it is necessarily implicit in the language of article 22(5) that the State Government to whom the representation is made should properly consider the representation as expeditiously as possible. The constitution of an Advisory Board under section 8 of the Act does not relieve the State Government from the legal obligation to consider the representation of the detenu as soon as it is received by it. " It was further observed: "In our opinion	 the constitutional right to make a representation guaranteed by article 22(5) must be taken to in elude by necessary implication the constitutional right to a proper consideration of the representation by the authority to whom it is made. The right of representation under article 22(5) is a valuable constitutional right and is not a mere formality. It is	 therefore	 not possible to accept the argument of the respondent that the State Government is not under a legal obligation to consider the representation of the detenu or that the representation must be kept in cold storage in the archives! of the Secretariat till the time or occasion for sending it to the Advisory Board is reached. If the view point contended for by the respondent is correct	 the constitutional right under article 22(5) would be rendered illusory. " Thus the two obligations of the Government to refer the case of the detenu to the Advisory Board and to obtain its report on the one hand and to give an earliest opportunity to him to make a representation and consider the representation on the other	 are two distinct obligations independent of each other. (1) ; 	 321 In Pankaj Kumar Chakrabarty & ors. vs State of West Bengal(1)	 this Court again considered cl. (5) of article 22 and enunciate the Following principle: "In our view	 it is clear from cls. 4 and S of article 22 that there is a dual obligation on the appropriate Government and a dual right in favour of the detenu	 namely	 (1) to have his representation irrespective of the length of detention considered by the appropriate Government and (2) to have once again that representation in the light of the circumstances of the case considered by the board before it gives its opinion. If in the light of that representation the board finds that there is no sufficient cause for detention the Government has to revoke the order of detention and set at liberty the detenu. Thus	 whereas the Government considers the re presentation to ascertain whether the order is in conformity with its power under the relevant law	 the board considers such representation from the point of view of arriving at its opinion whether there is sufficient cause for detention. " It is	 therefore	 well settled that in case of preventive detention of a citizen	 the Constitution by article 22(5) as interpreted by this Court	 enjoins that the obligation of the appropriate Government to afford the detenu the opportunity to make a representation and to consider that representation is distinct from the Government 's obligation to constitute a Board and to communicate the representation	 amongst other materials	 to the Board to enable it to form its opinion and to obtain such opinion. The nature of the dual obligation of the Government and the corresponding dual right in favour of the detenu under article 22(5) was reiterated by this Court in Khairul Haque vs The State of West Bengal(2) in these words: "It is implicit in the language of article 22 that the appropriate Government	 while discharging its duty to consider the representation	 cannot depend upon the views of the Board on such representation. It has to consider the representation on its own without being influenced by any such view of the Board. There was	 therefore	 no reason for the Government to wait for considering the petitioner 's representation until it had received the report of the Advisory Board. As laid down in Sk. Abdul Karim & ors. vs State of West Bengal (supra)	 the obligation of the appropriate (1) [1970] I SCR 543. (2) W.P. No. 246 of 1969	 decided on September 10	 1969. 322 Government under article 22(5) is to consider the representation made by the detenu as expeditiously as possible. The consideration by the Government of such representation has to be	 as aforesaid	 independent of any opinion which may be expressed by the Advisory Board. The fact that article 22(5) enjoins upon the detaining authority to afford to the detenu the earliest opportunity to make a representation must implicitly mean That such representation must	 when made	 be considered and disposed of as expeditiously as possible	 otherwise	 it is obvious that the obligation to furnish the earliest opportunity to make a representation loses both its purpose and meaning. " The same procedural safeguards were reaffirmed by this Court in Jayanarayan Sukul vs State of West Bengal (1) and Dhurus Kanu vs State of West Bengal.(2) The High Court in this case	 and the Delhi High Court in Thaneshwar Singh vs The Union of India & ors.(3) appear to be labouring under misconception that merely because there is no express provision in s.8(b) of the placing an obligation to forward the representation made by the detenu along with the reference to the Advisory Board	 unlike those contained in s.9 of the and s.10 of the Maintenance of Intemal Security Act	 1971 there is no obligation cast on the Government to consider the representation made by the detenu before forwarding it to the Advisory Board. We have no doubt in our mind that when liberty of the subject is involved	 whether be it under the or the or the 	 it is the bounden duty of the court to satisfy itself that all the safeguards provided by the law have been scrupulously observed and that the subject is not deprived of his personal liberty otherwise than in accordance with law. The relevant Articles of the Constitution having a bearing on this question is article 22. Two of these safeguards	 which relate to the observance of the principle of natural justice and which a fortiori are intended to act as a check on the arbitrary exercise of power	 are tor be found in article 22(5) of the Constitution. (1) ; (2) AIR 1975 SC 571. (3) Cr W. No 6 of 1978 decided on September 25	 1978 (Delhi High Court) 323 When any person is detained in pursuance of an order made under any law providing for preventive detention	 the authority making the order shall	 as soon as may be	 communicate to such person the 'grounds ' on which the order has been made and shall afford him the earliest opportunity of making representation against the order	 These procedural safeguards are ingrained in our system by judicial interpretation. The power of preventive detention by the Government under the 	 is necessarily subject to the limitations enjoined on the exercise of such power by Art 22(5) of the Constitution. as constructed by this Court. Thus	 this Court in Khudiram Das vs The State of West Bengal & ors (1) observed: "The constitutional imperatives enacted in this article are two fold: (1) the detaining authority must	 as soon as may be	 that is	 as soon as practicable after the detention	 communicate to the detenu the grounds on which the order of detention has been made	 and (2) the detaining authority must afford the detenu the earliest opportunity of making a representation against the order of detention. These are the barest minimum safeguards which must be abserved before an executive authority can be permitted to preventively detain a person and thereby drown his right of personal liberty in the name of public good and social security. " This has always been the view consistently taken by this Court in a series of decision. It is not necessary to burden this judgment with citations of these decisions. The view to the contrary taken by the Bombay and the Delhi High Courts that these procedural safe guards are not available to a person detained under the is clearly wrong. The Constitution is all pervasive. All laws made by a State must	 therefore	 yield to constitutional limitations and restrictions. The citizen 's right to personal liberty is guaranteed by Article 22 irrespective of his political beliefs	 class	 creed or religion. This Court has forged certain procedural safeguards in the case of preventive detention of citizens. These safeguards might be designated as a regulative 'Postulate of Respect '	 that is	 respect for the intrinsic dignity of the human person. (1) ; 324 In pursuit of the idealistic considerations as to the inherent worth and dignity of men	 the Parliament	 in the light of the experience gained recently	 repealed the . The repeal of that Act is necessitated to promote the citizen 's right to personal liberty	 which is a fundamental and pervasive theme of the Constitution	 to guard against the preventive detention of a person for political beliefs. This was also in accord with the recommendation of the Law Commission in its Forty seventh Report	 p. 2	 para 1.4	 that preventive detention should be retained only for preventing anti social and economic offences. The repeal of the and the retention of the 	 however	 does not imply that preventive detention	 which is an anachronism in a democratic society like ours	 can be freely used	 without any power of judicial review and without any checks and balances	 against persons engaged in anti social and economic offences. This assumption by the two High Courts ignores centuries of judicial lawmaking when it denies the competence of courts to weigh competing social interests. The courts have always viewed with disfavour the detention without trial whatever be the nature of offence. The detention of individuals without trial for any length of time	 howsoever short	 is wholly inconsistent with the basic ideas of our Government. To put it less euphemistically	 the alternative is the renunciation of judicial review itself	 and acceptance of the intolerable principle that the Government is the judge of its own powers. So	 this Court observed in Prabhu Dayal Deorah vs District Magistrate	 Kamrup: "We say and we think it is necessary to repeat	 that the gravity of the evil to the community resulting from antisocial activities can never furnish an adequate reason for invading	 the personal liberty of a citizen	 except in accordance with the procedure established by the constitution and the laws. The history of personal liberty is largely the history of insistence on observance of procedure. Observance of procedure has been the bastion against wanton assaults on personal liberty over the years. Under our Constitution	 the only guarantee of personal liberty for person is that he shall not be deprived of it except in accordance with the procedure established by law. The need today for maintenance of supplies and services essential to the community cannot be over emphasized. There will be no social security without maintenance of adequate supplies (1) ; at 22 23. 325 and services essential to the community. But social security is not the only goal of a good society. There are other values in a society. Our country is taking singular pride in the democratic ideals enshrined in its Constitution and the most cherished of these ideals is personal liberty. It would indeed be ironic if	 in the name of social security	 we would sanction the subversion of this liberty. " The constitutional safeguards embodied in article 22(5) of the Constitution	 as construed by this Court	 must	 therefore	 be read into the provisions of section 8(b) of to prevent any arbitrary executive action. In the instant case	 however	 there was no infraction or the constitutional safeguards enshrined in article 22(5). We are satisfied that there was no failure on the part of the Government to discharge its obligation under article 22(5). The records of the Government as well as of Advisory Board have been placed before us It clearly shows that the Government had forwarded the two representations made by the appellant on the 4th and 6th of March	 1978	 alongwith its comments in writing together with a forwarding letter on the 9th of March	 1978. From a bare perusal of the forwarding letter and the accompanying para wise comments in writing	 it is amply clear that the Government had already formed an opinion that the order of detention was in conformity with its powers under the law. It cannot	 therefore	 be said that the Government in rejecting the representations made by the appellant by its order dated 18th March	 1978 was	 in any way	 influenced by the views expressed by the Board. Though	 the Government was represented at the hearing by the Deputy Secretary	 Ministry of Finance	 Revenue Department	 and the Assistant Collector	 Customs	 Bulsar	 it is nobody 's case that the Advisory Board had at the hearing indicated its mind as to whether there was sufficient cause for detention. On the contrary	 the telegram sent by the appellant on the 16th March	 1978 ex facie shows that the Board had not expressed its mind at the hearing. It is	 therefore	 irrefutable that the Government had taken a decision uninfluenced by what transpired at the hearing before the Board. The matter was dealt with by the Government at all levels	 and the detaining authority had come to an independent conclusion of his own by applying his mind to the facts and circumstances of the case. Here	 similarly the Board by its report dated the 10th April	 1978 independently arrived at its opinion that there was sufficient cause for detention . 326 Learned counsel for the appellant next strenuously contends that there was non application of mind on the part of the detaining authority. It was submitted that though the order for detention was made with a view to preventing the appellant from smuggling goods	 i.e.	 under cl. (i) of sub section (1) of section 3 of the Act	 his case on the facts revealed in the grounds for detention clearly fell under cl.(ii) of sub s.(1) of section 3	 as he could not	 by any stretch of imagination	 be treated to be a smuggler but he was only an abettor. May be	 he instigated	 organised and facilitated the act of smuggling	 but it is said	 the actual smuggling of the contraband goods	 was by others. His act	 there fore	 constituted abetment of smuggling for which there is a separate clause under section 3(i)(ii). The order of detention cannot	 therefore	 be justified under s.3(1) (i). Applying a wrong clause	 it is urged	 shows non application of mind. We are afraid	 the learned counsel is stretching the argument too fine. Section 3(1) of the Act	 so far material reads: The Central Government or the State Government or any officer of the Central Government	 not below the rank of a Joint Secretary to that Government	 specially em powered for the purposes of this section by that Government	 or any officer of a State Government	 not below the rank of a Secretary to that Government	 specially em powered for the purposes of this section by that Government	 may	 if satisfied	 with respect to any person (including a foreigner)	 that	 with a view to preventing him from acting in any manner prejudicial to the conservation or augmentation of foreign exchange or with a view to preventing him from (i) smuggling goods	 or (ii) abetting the smuggling of goods	 or;" There is	 no doubt	 a distinction between an act of smuggling and abetting the smuggling of goods for purposes of preventive detention under section 3 (1) of the Act. Nonetheless	 the term "smuggling ' as defined in section 2(e) of the Act has the same meaning as in section 2(39) the 	 which	 when read with section 111 of that Act	 is wide enough to include and make liable not only the actual smuggler but also persons abetting the smuggling or contraband goods as well as all persons dealing in such goods	 etc. Though the provisions of cls. (i) and (ii) of sub s(1) of section 3 of the Act may operate on different fields	 which may sometimes	 as here	 overlap	 still a wider meaning is given 327 to the term 'smuggling in section 2(e) of the Act	 with a view to broaden the scope of preventive detention. Sub section (1) of section 3 of the Act provides for the different grounds of detention. Clause (i) relates lo smuggling of goods	 clause (ii) relates to abetting the smuggling of goods	 clause (iii) relates to engaging in transporting or concealing or keeping smuggled goods	 clause (v) relates to harbouring persons engaged in smuggling goods or in abetting the smuggling of goods. It must	 therefore	 be assumed that the intention of the legislature was to treat the smuggling of goods and abetting the smuggling of goods as grounds separate and distinct	 and both are separate grounds for detention i.e.	 to take in all such activities which result in accomplishment of smuggling of contraband goods. In a case like the present	 where there is a widespread network employed by a person	 it cannot be said that he is not engaged in the act of smuggling. It is accepted before us that the appellant. instigated	 organised and facilitated the smuggling of the contraband goods in question. Not only that but he is really the person to whom the goods belonged. The appellant went to the extent of going to Dubai for purchasing the contraband goods	 had thereafter taken delivery of the same at Dubai and had them loaded into the vessel; the vessel actually belonged to the appellant and the crew members were engaged by his agent Siddiq Hussain	 who was sent from Bombay to Dubai to bring the vessel. He took charge of the vessel as a tindel and but for the fact that the rudder of the vessel failed	 the contraband stainless steel rolls would have landed in the creek near The factory of the appellant. It is clear that Kunji Mohmed	 in whose name the vessel 'Jamnaprasad ' BLS 61 was registered	 was merely a dummy but the vessel actually belonged to the appellant	 who had purchased it from one Kasam Jamal for a sum of Rs. 40	000/ . It was he who got the vessel repaired at Bombay and an oil engine fitted; and	 he	 through his agent Siddiq Hussain Sup	 engaged the members of the crew. It appears that the appellant left for Dubai on the 18th of May	 1977 by air and returned to Bombay on the 2nd June	 1977. He prolonged this stay at Dubai/Abu Dhabi for seven days and had to pay a fine of 100 Dirhams per day for his over stay. During his period of stay at Dubai	 he purchased 20 rolls of stainless steel sheets worth rupees 20 lacs. It also appears that the appellant and Kunji Mohmed wanted to load the whole of the contraband good into the vessel but the driver Ali and Amad Mamad	 the tindel	 refused to carry such a heavy cargo. The appellant told them that 328 he would go to Bombay and send Siddiq Hussain Sup. It further appears that the oil engine in the vessel was replaced	 with his concurrence	 with a new diesel engine. After his departure	 only 12 rolls of stainless steel sheets could be loaded in the vessel by Kunji Mohmed and Amad Mamad. There after	 while the vessel was on its voyage to India it developed engine trouble and had to remain at sea for about ten days whereafter	 it returned to Sarjah port in Dubai. In the meanwhile	 Siddiq Hussain Sup had reached there from Bombay	 on instructions from the appellant	 and took charge of the vessel as tindel. The vessel again left Sarjah port but had W remain in the sea near Khodgam for about 8 to 10 days due to stormy weather. After a voyage of about 6 to 7 days	 the vessel reached near the coast of India outside the creek where it was found grounded. It had to be anchored at a place known to Siddiq Hussain Sup	 that is	 near about the factory of Umrao Industries belonging to the appellant in village Kim	 but the crew members lost the track and had to move around the creek for about 4 days because the rudder had failed. Then lt entered the aforesaid creek	 some 20 kms. away from the factory	 where it ran aground due to damage to the rudder. During a search of the house of Kunji Mohmed	 certain documents relating to the repairs of vessel No. BLS 61 and a dairy containing telephone Nos. 395279	 375943 and 361973 and also one postal receipt No. 55955 issued by Jamnagar Post office showing looking of a trunk call to telephone No. 395279 or 375943 were found. The first two telephone numbers have been installed at the Bombay office of the appellant	 while the third is at his residence at Bombay. The postal receipt No. 55955 showed that this trunk call from Jamnagar was booked for Bombay in the name of the appellant. Two more trunk call ticket Nos. L. 0285 and 158	 dated 18th June	 1977 showed that the former trunk call was booked by him to Okha telephone No. 91 with Siddiq Hussain Sup as P.P.	 while the latter was in respect of the return call (lightening) made by the appellant to the aforesaid okha telephone. The trunk call booked from telephone No. 91 okha was to the appellant 's office telephone No. 395279 in Bombay with P. P. Babubhai. Obviously	 the over stay of the appellant at Dubai was in connection with the loading of the contraband stainless steel sheet rolls	 which have been valued at Rs. 15	44	400/ . The synchronising of the visit with the taking of the vessel to Dubai	 and then loading of the stainless steel rolls for the purpose of transportation to India	 are very significant and unimpeachable circumstances to show the smuggling pro pensities of the appellant. 329 It is quite clear from the facts set out in the grounds of detention	 that the appellant was the person who was actually engaged in the act of smuggling of the contraband stainless steel rolls into the Indian customs waters. It is	 therefore	 clear that for all intents and purposes the appellant was the actual smuggler and not a mere abettor. Furthermore	 the activities of the appellant were such that his case would be covered by both clauses (i) and (ii) of section 3(1) of the Act. Thus	 there was due application of mind. It is manifest that the appellant could in the instant case be detained under sub s.(1) of section 3 of the both under clauses (i) and (ii) thereof. In any case	 even assuming that the appellant was merely an abettor of the smuggling of 12 rolls of stainless steel sheets on this occasion	 still his activities in this transaction afforded sufficient grounds for the prognosis that he would have himself indulged in actual smuggling of the balance lot of 8 rolls of stainless steel sheets remaining behind at Dubai	 if not detained	 and as such cl. (i) section 3(1) of the Act was properly invoked. In the result	 both the appeal as well as the writ petition must fail and are dismissed. There shall be no order as to cost P.B.R. Appeal and Petition dismissed.

The appellant was detained under section 3(1) of the Conservation of Foreign Exchange an(1) Prevention of Smuggling Activities Act	 1974 with a view to prevent him from smuggling goods. Two representations made by him against his detention were forwarded by the Government to the Advisory Board with its comments. He was later produced before the Advisory Board. On receipt of the Advisory Board 's report that there was sufficient cause for detention	 the order of detention was confirmed by the Government. The High Court dismissed his petition under article 226 of the Constitution. In appeal the appellant challenged the order of detention on the ground that (1) it was in violation of the right guaranteed under article 22(5) inasmuch as the Government withheld consideration of the representations made by him till after the hearing by the Advisory Board	 and (2) the impugned order of detention was bad due to non application of mind of the detaining authority inasmuch as the facts alleged clearly and distinctly showed that the appellant did not himself smuggle the goods. Dismissing the appeal	 ^ HELD: (1)(a) There was no warrant for the submission that the disposal of the representations made by the Government was not in conformity with article 22(5) of the Constitution. [319H] (b) It is well settled that in case of preventive detention of a citizen	 Art 22(5) of the Constitution enjoins that the obligation of the appropriate Government to afford the detenu an opportunity to make a representation and to consider that representation is distinct from the Government s obligation to constitute a Board and to communicate the representation	 amongst other material	 to the Board to. enable it to form its opinion and to obtain such opinion. [321E] Abdul Karim & ors. vs State of West Bengal; 	 ; Pankaj Kumar Cluakrabarly & ors. vs State of West Bengal; 	 	 Khuairul Haque vs The State of West Bengal W. P. No. 246 of 1969	 decided on September 10	 1969	 Jayanarayan sukul vs State of West Bengal; 	 Dhurus Kanu vs State of West Bengal	 AIR 1975 SC 571; referred to. (c) The constitutional safeguards embodied in article 22(5) must be read into the provisions of section 8(b) of the Conservation of Foreign Exchange and Preventional of Smuggling Activities Act	 1974 to prevent any arbitrary executive action. Merely because there is no express provision in section 8(b) of the Act placing an obligation to forward the representation made by the detenu along 316 with the reference to the Advisory Board unlike the provisions contained in section 9 of the and section 10 of the 	 it cannot be said that there is no obligation cast on the Government to consider the representation made by the detenu before forwarding it to the Advisory Board. [325C; 322D E] Thaneshwar Singh vs The Union of India & ors. 	 Cr. W. No. 6 of 197 decided on September 25	 1978 (Delhi High Court); over ruled. (d) When the liberty of the subject is involved	 whether it is under the or the or the 	 it is the bounden duty of the Court to satisfy itself that all the safeguards provided by the law had been scrupulously observed and that the subject was not deprived of his personal liberty otherwise than in accordance with his. [322 G] (e) When any person is detained in pursuance of an order made under any law providing for preventive detention the authority making the order shall	 as soon as may be	 communicate to such person the ground on which the order had been made and shall afford him the earliest opportunity of making representations against the order. These procedural safeguards are ingrained in our system of judicial interpretation. The power of preventive detention by the Government under the Act is necessarily subject to the limitations enjoined on the exercise of such power by article 22(5) of the Constitution. [323A] Khudiram Das vs The State of West Bengal & ors. ; referred to. In the instant case there was no infraction of constitutional safeguards enshrined under article 22(5) and there was no failure on the part of the Government to discharge its obligations under that article. Quite clearly the Government had forwarded the appellant 's two representations alongwith its comments to the Advisory Board. A perusal of the comments of the Government make it clear that the Government had already formed an opinion that the order of detention was in conformity with its powers under the law. It cannot be said that in rejecting the appellant 's representations the Government was influenced by the views expressed by the Board. At the hearing the Board had not indicated its mind as to whether there was sufficient cause for detention. It is	 therefore	 irrefutable that the Government had taken a decision uninfluenced by what transpired at the hearing before the Board. The matter was dealt with by the Government all: all levels	 and the detaining authority had come to an independent conclusion of its own by applying its mind to the facts and circumstances of the case. [325D H] (2)(a) The intention of the legislature in enacting section 3(1) was to treat the smuggling of goods and abetting the smuggling of goods as grounds separate and distinct and both are separate grounds for detention i.e. to take in all such activities which result in accomplishment of smuggling of contraband goods. 'the term 'smuggling ' as defined in section 2(e) of the Act read with section 2(39) and s 111 of the Customs Act	 is wide enough to include and make liable not only the actual smugglers but also persons abetting the smugglers	 of contraband goods as well as all persons dealing with any such goods. A wider meaning is given to the term 'smuggling ' in section 2(e) of the Act with a view to broaden the scope of Preventive detention. In a case like the present where a wide 317 spread network is employed by a person	 it cannot be said that he was not Engaged in the act of smuggling. The appellant was not only the person who instigated	 organised and facilitated the smuggling of the contraband goods but he was really a person to whom the goods belonged. The facts set out in the ground of detention make it clear that the appellant was the person who was actually engaged in the act of smuggling of contraband goods into the Indian Customs waters For all intents and purposes the appellant was the actual smuggler and not a mere abettor His " activities were such that his case would be covered by both clauses (i) and (ii) of section 3(1) of the Act. [326G H; 327A B] (b) Assuming that the appellant was merely an abettor in the smuggling of contraband goods on this occasion	 still his activities in this transaction afforded sufficient grounds for the prognosis that he would have himself included in actual smuggling of the balance of contraband goods by remaining behind in the foreign country. [329D]