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Issues: Whether a detention order can be successfully challenged at the pre-execution stage on the ground that it has become infructuous by lapse of time or delay, and whether the High Court was justified in restraining enforcement of the detention order and granting liberty to pass a fresh order.
Analysis: The scope of interference under Articles 226 and 32 of the Constitution of India at the pre-execution stage is narrow and is confined to exceptional categories such as absence of authority, wrong person, wrong purpose, vague or extraneous grounds, or lack of jurisdiction. The settled principle is that a detenu cannot avoid service or surrender and then contend that the detention order has become stale or infructuous. The Court relied on earlier authorities reiterating that pre-execution interference is exceptional and that delay or passage of time, especially where the detenu has avoided execution, does not by itself justify quashing the order. The proper course in such matters is ordinarily to require surrender and then examine grievances on merits in accordance with Article 22(5) of the Constitution of India.
Conclusion: The High Court's interference with the detention order was unjustified and its judgment was unsustainable. The detention order could not be treated as infructuous merely because of lapse of time or the earlier stay, and the appeal succeeded in favour of the appellant.
Final Conclusion: The preventive detention challenge failed, and the impugned High Court order was set aside, leaving the Government to consider whether custody should be taken in accordance with law.
Ratio Decidendi: Pre-execution judicial review of a preventive detention order is permissible only within narrow exceptional grounds, and the order does not become unenforceable merely because time has elapsed or execution was delayed, particularly where the detenue has avoided service or incarceration.
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