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Issues: Whether a fresh detention order could be made under section 11(2) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 after the earlier detention order had been quashed by the High Court in exercise of writ jurisdiction.
Analysis: Section 11(1) preserves the power of revocation or modification and operates without prejudice to section 21 of the General Clauses Act, 1897. The expression "revocation" in section 11(2) was read in the same sense as in section 11(1), namely, cancellation by the authority empowered under the statute or under section 21 of the General Clauses Act, 1897. Quashing of an order by the High Court under Article 226 of the Constitution of India is materially different from revocation, because a writ court nullifies the order by judicial review rather than by statutory rescission. On that construction, the enabling power to make another detention order under section 11(2) applies only where the earlier order has been revoked within the statutory scheme and not where it has been set aside by the High Court.
Conclusion: A fresh detention order under section 11(2) could not validly be made after the earlier order had been quashed by the High Court, and the impugned detention orders were invalid.
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