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TMI Blog2014 (7) TMI 1193X X X X Extracts X X X X X X X X Extracts X X X X ..... heed, ADGP JUDGMENT THOTTATHIL B. RADHAKRISHNAN,J. These writ petitions are filed by two persons facing detention orders under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter called the "COFEPOSA Act". The challenge extended is at the pre-detention stage. At the time of admission, it was demonstrated with the materials on recor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich the said order has been made until the detention order is actually executed ? 2) What are the grounds available to challenge a preventive detention order at the pre-execution stage ? 3) In the course of the challenge to the pre-detention order at the pre-execution stage, will it be open to the High Court to direct the detaining authority to disclose the order of detention and the ground ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l as Additional Secretary to the Government of India and others v. Alka Subhash Gadia and another [1992 Supp (1) SCC 496] and Deepak Bajaj v. State of Maharashtra and another [2009 KHC 4327]. While the learned Additional Director General of Prosecution has attempted to say that the clear content of Clause 5 of Article 22 of the Constitution includes an embargo to the detaining authority issuing th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not necessarily required to render justice to the parties in the cases in hand. 4. Obviously, without a copy of the detention order and the grounds of detention being served on the proposed detenue, it would be inconceivable that we should proceed to hear the matter on grounds as to the contents of the detention order or its grounds. The question as to whether there is due and fair application of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocedure that we adopt in this case is only for the purpose of this case and in the very peculiar facts and circumstances noted above and is not an indication of any decision having been rendered by us touching the legal issues that were placed for consideration in relation to Article 22(5) of the Constitution, the provisions of the COFEPOSA Act, the Customs Act and other aspects of the preventive ..... X X X X Extracts X X X X X X X X Extracts X X X X
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