Judgment

SHARMA, J. :- The order of detention of the respondent No. 2, Mahendra V. Shah, passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, was challenged by his nephew, respondent No. 1, before the Gujarat High Court under Art. 226 of the Constitution. By the impugned judgment the detention order was quashed. The State of Gujarat has impugned the High Courts decision by the present Special Appeal Application.

2. Special leave is granted.

3. The detention order was passed on the 20th of October, 1984, but could not be served on the detenu earlier than 4-7-1986 as he was absconding. The grounds of detention served on him as mentioned in Annexure-B state that information was received by the Customs staff of Ahmadabad on 26-9-1984 that a notorious smuggler, Juwansingh Jadeja, had shifted his smuggling activities to the coast of Chorwad in Saurashtra, and was working on behalf of two citizens of Pakistan. Information about Jadejas main associates was also received. The authorities were informed that the gang was likely to land about 180 packages of contraband goods within a couple of days and vigilance activities were therefore stepped up.