ABULAIS Vs. STATE OF KERALA

JUDGEMENT

(1.) A preventive detention order issued under Conservation of Foreign and Prevention of Smuggling Activities Act, 1974 is challenged at the pre-execution stage, purportedly on behalf of the person covered by the impugned detention order, stated to be presently resident of Dubai, represented by a person claiming to be his father and holder of his power of attorney.

(2.) Heard the petitioner's learned counsel and the learned State Attorney on behalf of the State Government, the detaining authority which issued the impugned order for detention of the person who is arrayed as the petitioner.

(3.) Petitioner's learned counsel made reference to different relevant dates and argued that the impugned order for detention cannot be further enforced and it is liable to be annulled for one or more among the five grounds enumerated by the Apex Court in Additional Secretary to the Government of India and others v. Alka Subhash Gadia and another [1992 Supp (1) SCC 496]. In particular, he referred to the grounds stated in paragraph 30 of that precedent to buttress his submission that the detention order could be challenged at pre-detention stage when it is shown that it is passed on a wrong premise and on vague, extraneous and irrelevant grounds. Reference was also made to the ratio of the judgments in Subhash Popatlal Dave-I v. Union of India [(2012)7 SCC 533] and Subhash Popatlal Dave-II v. Union of India [(2014)1 SCC 280].