2014 (7) TMI 1193

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....Udayabhanu And Sri. K.A. Abdul Rasheed, ADGP JUDGMENT THOTTATHIL B. RADHAKRISHNAN,J. These writ petitions are filed by two persons facing detention orders under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter called the "COFEPOSA Act". The challenge extended is at the pre-detention stage. At the time of admission, it was dem....

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....ue the order of detention and the grounds on which the said order has been made until the detention order is actually executed ? 2) What are the grounds available to challenge a preventive detention order at the pre-execution stage ? 3) In the course of the challenge to the pre-detention order at the pre-execution stage, will it be open to the High Court to direct the detaining a....

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....otr v. State of Tamilnadu and others [2010 KHC 6043] as well as Additional Secretary to the Government of India and others v. Alka Subhash Gadia and another [1992 Supp (1) SCC 496] and Deepak Bajaj v. State of Maharashtra and another [2009 KHC 4327]. While the learned Additional Director General of Prosecution has attempted to say that the clear content of Clause 5 of Article 22 of the Constitutio....

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....nd decision on certain question may sometimes academic and not necessarily required to render justice to the parties in the cases in hand. 4. Obviously, without a copy of the detention order and the grounds of detention being served on the proposed detenue, it would be inconceivable that we should proceed to hear the matter on grounds as to the contents of the detention order or its grounds. Th....