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2016 (11) TMI 1394 - HC - CustomsChallenge to detention order - can detention order be challenged at pre-execution stage? - Held that: - the fact that the petitioner is out of India, may itself be the reason for the delay in executing the detention order - the time from the date of the so-called prejudicial activity on 9.11.2013 and the detention order on 15.3.2014; or the still shorter period from the date of search on 13.11.2013, till the date of the detention order; cannot be treated as any cognizable delay to hold that the impugned detention order has diffused itself by passage of time or that the said order of detention has been rendered stale with passage of time - challenge levied against the impugned preventive detention order under COFEPOSA Act is unsustainable, though it is yet to be executed - petition dismissed - decided against petitioner.
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