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Detention order at pre-execution stage was challenged on grounds of non-service at Nepal address, despite knowledge of address. Court relied on Supreme Court's ruling in Subhash Popatlal Dave, holding that those evading law cannot claim violation of fundamental rights. Petitioner was not available at any address in India for execution, and stand of service at Nepal address was untenable. Court opined that procedure under COFEPOSA Act for serving detention order is by detaining the person, failing which proceedings u/s 7 are initiated if detenue has absconded. Inference drawn that petitioner deliberately evaded service. Representation to detenue available post-execution under Article 22(5). No ground to interfere with detention order at pre-execution stage. Petition dismissed.
Detention order at pre-execution stage was challenged on grounds of non-service at Nepal address, despite knowledge of address. Court relied on Supreme Court's ruling in Subhash Popatlal Dave, holding that those evading law cannot claim violation of fundamental rights. Petitioner was not available at any address in India for execution, and stand of service at Nepal address was untenable. Court opined that procedure under COFEPOSA Act for serving detention order is by detaining the person, failing which proceedings u/s 7 are initiated if detenue has absconded. Inference drawn that petitioner deliberately evaded service. Representation to detenue available post-execution under Article 22(5). No ground to interfere with detention order at pre-execution stage. Petition dismissed.
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