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Section 5A: Grounds of detention severable.

The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974Central Act · Act 52 of 1974

[5A. Grounds of detention severable.--Where a person has been detained in pursuance of an order of detention under sub-section (1) of section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly--

(a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are--

(i) vague,

(ii) non-existent,

(iii) not relevant,

(iv) not connected or not proximately connected with such person, or

(v) invalid for any other reason whatsoever,

and it is not, therefore, possible to hold that the Government or officer making such order would have been satisfied as provided in sub-section (1) of section 3 with reference to the remaining ground or grounds and made the order of detention;

(b) the Government or officer making the order of detention shall be deemed to have made the order of detention under the said sub-section (1) after being satisfied as provided in that sub-section with reference to the remaining ground or grounds.]

Where this provision sits

ActThe Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974
Section5A
Marginal noteGrounds of detention severable.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Act 35 of 1975. . Ins. by Act 35 of 1975, s. 2 (w.e.f. 1-7-1975).

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