JUDGMENT

Markandey Katju, J.

1. This writ petition under Article 32 of the Constitution of India has been filed to challenge the detention order dated 22.05.2008 passed against the petitioner, Deepak Gopaldas Bajaj, resident of Mumbai under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short `the Act), copy of which is Annexure P-1 to this petition.

2. Heard Shri Soli Sorabjee, learned senior counsel for the petitioner and Shri Shekhar Nafade and Shri Ravindra Keshavrao Adsure, learned counsels for the respondents and perused the record.

3. An objection has been taken by the learned counsels for the respondents that this petition should not be entertained because the petition has been filed at a pre-execution stage i.e. before the petitioner has surrendered or was arrested. Learned counsel for the respondents has relied on the decisions of this Court in State of Maharashtra vs. Bhaurao Punjabrao Gawande AIR 2008 SC 1705, which has followed the decision of this Court in Additional Secretary to the Government of India & Ors. vs. Smt. Alka Subhash Gadia & Anr. 1992 (Suppl.1) SCC 496, and the other decisions of this Court in Raj