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Issues involved: Interpretation of Sec. 5(A) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 in the context of a Criminal Habeas Corpus Writ for quashing an order of detention.
Summary: The Supreme Court heard an appeal challenging a judgment of the Gujarat High Court in a Criminal Habeas Corpus Writ case regarding the quashing of an order of detention. The High Court's decision was based on the relevance of one of the grounds of detention, specifically ground No. 7. The Supreme Court examined the interpretation of Sec. 5(A) of the Act, which deals with the severability of grounds of detention. The High Court's understanding that Sec. 5(A) requires only one ground related to smuggling to be valid, and if other grounds are clear, the detention is not vitiated, was deemed legally erroneous by the Supreme Court. The Supreme Court disagreed with the High Court's reasoning, stating that all grounds of detention under Sec. 3 of the Act must be related to preventing smuggling activities. The Court emphasized that Sec. 5(A) allows for each ground of detention to be considered separately, and the presence of an irrelevant ground does not necessarily invalidate the entire detention order. The purpose of Sec. 5(A) is to ensure that even if one ground is irrelevant, as long as the other grounds are clear and specific, the detention order remains valid. The detenu's counsel conceded that the High Court's interpretation of Sec. 5(A) was incorrect and did not challenge the validity of the Act itself. The Supreme Court, therefore, overruled the High Court's decision, declaring it legally erroneous. The appeal was dismissed, affirming the High Court's order to quash the detention, with the clarification on the interpretation of Sec. 5(A) provided by the Supreme Court.
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