Judgment

S. M. FAZAL ALI, J.:- 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:

"5-A. Grounds of detention severable :- Where a person has been detained in pursuance of an order of detention under sub-section (1) of Section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly -

(a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are-

(i) vague,

(ii) non-e