STATE OF GUJARAT Vs. MOHAMMAD ISMAIL JUMMA

JUDGEMENT

(1.) This appeal by special leave is by the State of Gujarat and is directed against the judgment and order of the Gujarat High Court quashing the order of detention passed by the appellant against respondent, Ismail Juma. The respondent was detained by the appellant in exercise of powers conferred on it by sub-section (1) of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called 'the Act'). The grounds of detention inter alia were that the respondent, Hasan Malabari and Abdul Latif Fakirmohmed were the members of the crew of a vessel that was engaged in smuggling of wristwatches and some other contraband articles worth Rs. 33,70,819.00. The respondent moved the High Court of Gujarat. A Division Bench of the High Court by its impugned order dated Jan. 16, 1980 quashed the order of detention. The High Court found:

(2.) The impugned order of the High Court is liable to be set aside as factually the above observations are incorrect. Presumably the attention of the High Court was drawn only to the order of the appellant made under S. 5 of the Act by which the Government directed the detenu to be detained in Ahmedabad Central Prison. This order was dated Aug. 1, 1979 (Annexure 'B'). There was another order of the same date passed under sub-sec. (1) of S. 3 of the Act which in fact was the order of detention which ran as follows:-

(3.) Both these orders were taken in the name of the Governor of Gujarat and were authenticated by Shri P. M. Shah, Deputy Secretary to Government of Gujarat, Home Department (Special). These two orders were accompanied by the grounds of detention, which have been filed before us as Annexure 'C'. Annexure 'C' is also dated Aug. 1, 1979 and was taken in the name of the Governor of Gujarat, and authenticated by the same Deputy Secretary to the Government of Gujarat, Shri Shah.