IBRAHIM BACHU BAFAN & ANR ETC. vs STATE OF GUJARAT & ORS.

The Supreme Court held that when a detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 is quashed by a High Court, the authority cannot issue a fresh order under Section 11(2) based on the same grounds. The Court emphasized that repeated detention orders are not permissible and that safeguards in Section 11(1) must be adhered to. Consequently, the subsequent detention orders were deemed invalid, and the petitioners were ordered to be released.