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 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 :

"...............the order of detention made against him (detenu) clearly shows that the detaining authority had not applied his mind to the facts of the case ............

The impugned order nowhere states that the detaining authority on having received a proposal from the customs authori