Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974
Section 3—Preventive detention—Petition to quash detention order dismissed by the High Court—Appeal—When the Co-ordinate Bench of the same High Court based on same grounds of detention and on the basis of the same material, which was relied on the detaining authority, had come to a considered conclusion that non-supply of certain documents had vitiated the right to make an effective representation of the detenus, another Co-ordinate Bench could not have ignored the same—Division Bench of the High Court while passing the impugned judgment and order should have followed the view taken by another Division Bench of the same High Court specifically when the grounds of detention and the grounds of challenge were identical in both the cases—In the event, the Division Bench of the High Court was of the view that earlier decision of the Co-ordinate Bench of the same High Court were not correct in law, the only option available to it was to refer the matter to a Larger Bench—Appeal deserves to be allowed on this short ground.
[Paras 15 to 18]