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2008 (5) TMI 289 - HC - CustomsDetention - Pre-detention/pre-execution stage - Judicial review - Held that:- At pre-detention stage, judicial review on the ground of delay in passing or execution of the detention order being not available. As long as the service of the detention order is evaded, even if the representation under Section 11 is rejected, the absconder cannot challenge such rejection on grounds other than the five grounds supra or species thereof. The ground of delay in disposal of representation is not available to the Petitioner. Delay, even if any, would not be relevant when the petitioner is not in detention. We otherwise also do not find any inordinate delay.We may also record that we had during the hearing put it to the counsel for the Petitioner that the Petitioner appear before the court to get over the limitations in challenge at pre-execution/pre-detention stage. However, the same was not acceptable to the counsel for the Petitioner. Though have considered the matter on merits but find the conduct of the Petitioner even otherwise reprehensible. The Petitioner was employed at a sensitive position and owed a greater degree of duty than an ordinary citizen. The Petitioner ought to have surrendered and then urged whatever grounds are available to him. The Petitioner has made a mockery of the detention order by evading the same for the last more than 7 years. The Petitioner is not entitled to invoke the discretion of writ jurisdiction on this ground also. The Petition is dismissed.
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