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2015 (9) TMI 1192 - HC - FEMAPetitioner challenges at pre-detention stage his detention - Conservation of Foreign Exchange and Prevention of Smuggling Act, 1974 (COFEPOSA) - smuggling of gold. - absence of "live link" due to time gap between the detention order dated 31st March, 2015 and the occurrence on 7th July, 2014 - Held that:- While deciding the issue whether the proposed deteun has absconded, the courts would have to examine the factual matrix. - in the facts of the present case we would not like to dismiss the present petition only on the ground of abscondence. We would like to dismiss the writ petition primarily for the reason that the petitioner has not been able to make an exceptional ground, to accept the present writ petition at the pre-detention stage. It is certainly not an exceptional case, which would justify interference and exercise of writ jurisdiction without recourse to the normal and mandated statutory procedure. The aforesaid facts including the question of "live link" etc. could be appropriate and properly examined and decided first under the normal statutory provisions. Case for interference at the pre-detention stage under the exceptions is not made out. - Decided against the petitioner.
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