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2016 (1) TMI 192 - HC - CustomsSmuggling of Gold into India - Proceeding under COFEPOSA Act - detention order - The Writ Petition has been filed challenging the order of detention at its pre-execution stage, after having withdrawn the Writ Petition filed by him before the Delhi High Court for the same relief. - Held that:- Learned counsel for the petitioner submitted that steps under Section 7 of the COFEPOSA Act were illegally taken and there was no ground at all for initiating such proceedings. It is submitted that on that ground also, the petitioner is entitled to challenge the order of detention at its pre-execution stage. Even if the steps taken under Section 7 of the COFEPOSA Act is not legal and proper, it is not a ground at all for challenging an order under Section 3(1) of the COFEPOSA Act at its pre-execution stage. Proceedings under Section 7 would be initiated if the person sought to be detained is absconding. That is to secure the presence of the person concerned. A step taken to secure the presence of the person against whom an order of detention is issued cannot be the basis for challenging the order of detention at its pre-execution stage. We reject the contention raised by the petitioner. - Decided against the petitioner.
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