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    <title>2004 (5) TMI 305 - Supreme Court</title>
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    <description>Pre-execution judicial review of an unserved preventive detention order is available only in narrowly defined exceptional cases, such as where the order is outside the Act, against the wrong person, for a wrong purpose, based on vague or irrelevant grounds, or issued without authority. Where the detention order has not yet been served and the detenu has not submitted to custody, the usual course is to surrender first and then raise objections after the detention grounds are disclosed. On the facts described, the writ petition was not properly entertainable at the pre-execution stage, and the High Court&#039;s quashing of the detention could not be sustained.</description>
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    <pubDate>Wed, 05 May 2004 00:00:00 +0530</pubDate>
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      <title>2004 (5) TMI 305 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=109111</link>
      <description>Pre-execution judicial review of an unserved preventive detention order is available only in narrowly defined exceptional cases, such as where the order is outside the Act, against the wrong person, for a wrong purpose, based on vague or irrelevant grounds, or issued without authority. Where the detention order has not yet been served and the detenu has not submitted to custody, the usual course is to surrender first and then raise objections after the detention grounds are disclosed. On the facts described, the writ petition was not properly entertainable at the pre-execution stage, and the High Court&#039;s quashing of the detention could not be sustained.</description>
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