https://www.taxtmi.com/caselaws?id=191850 A preventive detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was not invalidated at the pre-execution stage merely because time had passed between the alleged smuggling activity, the sponsoring recommendation and the order. The court noted that pre-execution interference is limited, and that Section 7 contemplates action where execution is being evaded. In cross-border smuggling matters, the proposed detenu's absence from India and the resulting delay did not by themselves destroy the live link or make the order stale. The challenge based on delay and loss of live link therefore failed, and the detention order was left undisturbed. en-us Tue, 15 Nov 2016 00:00:00 +0530 Thu, 27 Apr 2017 06:55:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=191850 A preventive detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was not invalidated at the pre-execution stage merely because time had passed between the alleged smuggling activity, the sponsoring recommendation and the order. The court noted that pre-execution interference is limited, and that Section 7 contemplates action where execution is being evaded. In cross-border smuggling matters, the proposed detenu's absence from India and the resulting delay did not by themselves destroy the live link or make the order stale. The challenge based on delay and loss of live link therefore failed, and the detention order was left undisturbed. Case-Laws Customs Tue, 15 Nov 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=191850