Judgment

BAHARUL ISLAM, J. :- 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 the respondent.

2. The facts material for the purpose of disposal of this appeal and not disputed before us may be stated in a narrow compass. ,In exercise of powers conferred on it by sub-section. (1) of S. 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called the Act), the appellant passed the order of detention dated 7th May, 1979 against the respondent on the grounds that the respondent and three others, namely, Hasan Haji Ismail Subhania. Gulam Hussein Hasan Subhania and Salemamad Allarakha Jasraya were found in a trawler containing eight packages with 4,645 contraband wrist watches valued at Rs. 10,48,700.00. The petitioner and Salemamad were members of the crew. Hasan Haji was the owner of the trawler and his son Gulam Hussein, was the tindal of the vessel. They were intercepted by the Customs Authorities who seized the contraband, goods and the trawler. The petitioner made a statement on 21st Jan.. 19