https://www.taxtmi.com/caselaws?id=270400 A pre-execution challenge to a preventive detention order was held not entertainable where the order had not been executed and the proposed detenu had not submitted to execution. The Court treated objections based on absence of live nexus and staleness as fact-dependent matters ordinarily examinable only after execution, particularly where evasion of service is alleged. It also held that any alleged defect in proceedings under Section 7 to secure the person's presence did not provide an independent basis to attack the detention order under Section 3(1) before execution. The detention order could therefore be challenged, if at all, only after execution in accordance with law. en-us Tue, 20 Oct 2015 00:00:00 +0530 Tue, 05 Jan 2016 15:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=270400 A pre-execution challenge to a preventive detention order was held not entertainable where the order had not been executed and the proposed detenu had not submitted to execution. The Court treated objections based on absence of live nexus and staleness as fact-dependent matters ordinarily examinable only after execution, particularly where evasion of service is alleged. It also held that any alleged defect in proceedings under Section 7 to secure the person's presence did not provide an independent basis to attack the detention order under Section 3(1) before execution. The detention order could therefore be challenged, if at all, only after execution in accordance with law. Case-Laws Customs Tue, 20 Oct 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=270400