There was another order of the same date passed under sub section I of Section 3 of the Act which in fact was the order of detention which ran as follows Whereas the Government of Gujarat is satisfied with respect to the person known as Shri Ismail Juma Tangan alias Bando residing at Balapar, Beyt Okha , Distt.
Presumably the attention of the High Court was drawn only to the order of the appellant made under Section S of the Act by which the Government directed the detenu to be detained in Ahmedabad Central Prison.
This order was dated August 1, 1979 Annexure B .
Appeal by special leave from the judgment and order dated the 16th January, 1980 of the Gujarat High Court in Special Criminal Application No.
93 of 1981.
The impugned order of the High Court is liable to be set aside as factually the above observations are incorrect.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
185 of 1979.
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 wrist watches and some other companytraband articles worth Rs.
L. Nain and R. N. Poddar for the Appellant.
P. Rana, A. C. for the Respondents.
33,70,819,00.
The respondent was detained by the appellant in exercise of powers companyferred on it by 1016 Sub section I of Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 hereinafter called the Act .
The respondent moved the High Court of Gujarat.
The Judgment of the Court was delivered by 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 H appellant against respondent, Ismail Juma.
A Division Bench ofthe High Court by its impugned order dated January 16, 1980 quashed the order of detention.
