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2015 (5) TMI 1041 - HC - CustomsOrder of detention at the pre-execution stage - Petitioner deliberately evaded arrest and absconded after getting summons issued by the Superintendent - Whether the petitioner was available in India - Petitioner submitted that even if the he arrived at Calcutta or Srinagar or any other place in India, it should be taken that he was available in India. Also the freedom of the citizen is paramount and his freedom cannot be denied on the mere fact that he had gone abroad. Held that:- failure to appear without reasonable excuse would be an offence which would render the defaulter liable for punishment of imprisonment. A citizen who has evaded the process of law shall not be heard to say that his fundamental rights are in jeopardy. The law -breaker is not entitled to take advantage of his own contumacious conduct and claim protection of the freedom. The submission made by the learned counsel for the petitioner that even if the person concerned arrives at any part of India, it should be taken that he was available at the place, cannot be taken as a ground for challenging the order of detention at its pre -execution stage. That is a matter to be considered after the order of detention is executed and the facts are analysed and considered on the basis of the documentary and other material evidence. The individual liberty of a citizen when pitted against the economic security of the country, we have no doubt that the latter shall prevail. The challenge to the order of detention at its pre -execution stage can be entertained only in exceptional circumstances and for cogent reasons and not on the grounds which probably the detenu may be able to sustain while considering the challenge to the order of detention after its execution. Therefore, the petitioner has not made out any exceptional reason to justify the challenge against Ext. P4 order of detention at its pre -execution stage. - Decided against the petitioner
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