STATE OF GUJARAT Vs. CHAMANLAL MANJIBHAI SONI

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Gujarat High Court dated December 22, 1978 in a Criminal Habeas Corpus Writ for quashing the order of detention passed against the detenu. The detenu was arrested on October 20, 1978 and grounds of detention were served on him that very day. The High Court allowed the Writ Petition mainly on the ground that, as one of the grounds, namely, ground No. 7 was irrelevant, the entire order of detention is vitiated. In coming to this finding, the High Court has put, in our opinion, a wrong interpretation on Sec. 5-A of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act). Section 5-A reads thus:

(2.) The High Court seems to think that Sec. 5-A contemplates that there should be only one ground which relates to the violation of Sec. 3 of the Act and if that ground is irrelevant and the other grounds which relate to some other subject-matter are clear and specific, the detention will not stand vitiated. In our opinion, the argument of the High Court, with due respect amounts to begging the question because the detention under Sec. 3 of the Act is only for the purpose of preventing smuggling and all the grounds whether there are one or more, would be relatable only to various activities of smuggling and we cannot conceived of any other separate ground which could deal with matters other than smuggling because the act of smuggling covers several activities each forming a separate ground of detention and the Act deals with no other act except smuggling. Indeed, if the interpretation of the High Court in respect of Sec. 5-A is accepted, then Sec. 5-A will become otiose. While construing Section 5-A the High Court observed thus: