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TMI Blog2000 (8) TMI 1060X X X X Extracts X X X X X X X X Extracts X X X X ..... imple reason that the order of detention and the grounds on which the said order is passed has not been placed on record inasmuch as the order has not yet been executed. The petitioner does not have a copy of the same and therefore it is not open to the petitioner to contend that the non-existent order was passed on vague, extraneous or on irrelevant grounds. - CRL.A. 621 OF 2000 - - - Dated:- 3- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o of the decision of this Court in the case of Addl. Secy, to the Govt. of India v. Alka Subhash Gadia and came to the conclusion that in exercise of his discretion under Article 226 of the Constitution it would not be appropriate to entertain the writ petition inasmuch as the proposed detenu had not surrendered and the detention order had not been served on him. 5. Against the said judgment an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to interfere with the detention order at the pre-execution stage but the scope for interference is very limited. It was held that the courts will interfere at the pre-execution stage with the detention orders only after they are prima facie satisfied: (i) that the impugned order is not passed under the Act under which it is purported to have been passed, (ii) that it is sought to be executed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... verment for the simple reason that the order of detention and the grounds on which the said order is passed has not been placed on record inasmuch as the order has not yet been executed. The petitioner does not have a copy of the same and therefore it is not open to the petitioner to contend that the non-existent order was passed on vague, extraneous or on irrelevant grounds. 8. For the aforesai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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