STATE OF GUJARAT Vs. JAT HARUN DADA

JUDGEMENT

(1.) This appeal by Special leave by the State of Gujarat (hereinafter 'the appellant') is directed against the judgment of the High Court of Gujarat, dated 18th of June, 1980 quashing the order of detention passed by appellant under Section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

(2.) Only one point urged before us on behalf of the appellant is that the finding of the High Court that the respondent was not furnished with the documents and statements is not correct. Learned counsel draws our attention to the following portion of the document containing the grounds of detention:

(3.) Whether the statements and documents were furnished to the detenu or not is a question of fact. It appears from what has been quoted above that the copies of the statements and documents which formed the basis of the allegations were purported to have been made enclosures. The High Court has examined this very contention raised before it. It has examined the affidavit filed by Mr. P. M. Shah, Deputy Secretary to the Government of Gujarat on the point, the endorsement made by the detenu by way of acknowledgement of the grounds of detention, and finds as follows:-