1. By this writ petition under Article 226 of the Constitution of India, the petitioner has challenged THE unexecuted order of detention dated 31st March 2012 issued under subsection 1 of section 3 of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as "COFEPOSA Act"). Thus, the challenge in this petition is to the order of preventive detention at pre execution stage. The petitioner is the wife of the prospective detenu.

2. The first submission of the learned counsel for the petitioner is that in view of subsequent decision of the Apex Court in case of Subhash Popoatlal Dave vs. Union of India and another Writ Petition (Cri.) no.137 of 2011. decided by the Apex Court on 10th July 2012, the scope of challenge in this petition challenging preventive detention order at pre execution stage is very wide. He submitted that in view of the said decision, the law laid down in case of the Additional Secretary of Government of India Vs. Alka Subhash Gadia (1992) supp. 1 SCC 496. is no longer a good law. He urged that the impugned order of detention is sought to be executed against a wrong person. He urged that it is passed for