Severability of detention grounds: one defective ground does not invalidate a composite preventive detention order if another ground remains valid.

Section 5A of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 treats a preventive detention order based on two or more grounds as separately made on each ground. As a result, one vague, irrelevant, or unsustainable ground does not invalidate the whole detention order if another ground is clear and specific. The provision was enacted to overcome the earlier view that a defective ground necessarily vitiated the entire order because subjective satisfaction could not be severed. The correct position is that composite detention grounds are severable, so the order may be sustained where at least one independent ground remains valid.

---

---

Issues: Whether section 5A of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 permits an order of preventive detention based on multiple grounds to survive even if one ground is irrelevant or unsustainable.

Analysis: Section 5A deems an order of detention made on two or more grounds to be made separately on each ground. The effect is that the invalidity, vagueness, or irrelevance of one ground does not by itself invalidate the entire detention order if other grounds are clear and specific. The provision was enacted to overcome earlier views that one defective ground necessarily vitiated the whole order because the impact on subjective satisfaction could not be severed.

Conclusion: The interpretation that a single irrelevant ground vitiates the entire detention order was held to be erroneous. The detention order was not to be disturbed on that basis.

Final Conclusion: The legal position on severability of detention grounds was settled in favour of sustaining a detention order where at least one independent ground remains valid.

Ratio Decidendi: Under section 5A, each ground in a composite preventive detention order is severable, and the order is not invalidated merely because one of the grounds is vague, non-existent, or irrelevant.

---