SMUGGLING activities involving smuggling, abetment of smuggling and dealing with smuggled goods are necessary concomitants of each other and one cannot exist independently of another. "

"nearly or remotely, they are connected with each other and stating them in the order of detention joined with 'or' cannot given rise to the inference that I did not apply my mind to the facts.

IN any case, I reiterate that I fully applied my mind to the relevant material before issuing the order of detention. I am further advised to submit that the ratio of the judgments cited in this paragraph has no application to the facts of this case. "

IT is exactly this kind of explanation that was considered by the Supreme Court in Kishori Mohan Bera's case and rejected with the following observations:-

"if he felt the necessity to detain the petitioner from the activities described by him in the grounds of detention on the ground that those activities affected or were likely to affect both the public order and the security of the state he would, no doubt have used the conjunctive 'and' and not the disjunctive 'or' in his order. "

( 28 ) WE have, therefore, to hold that by the use of the disjunctive in the orde

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