MANMOHAN SARIN, J.

( 1 ) PETITIONER, by this writ petition seeks quashing of the detention order No. 673/13/2004/cus-VIII dated 7-10-2004 passed by respondent No. 2 under Section 3 (1) of the Conservation of foreign Exchange and Prevention of smuggling Activities Act. 1974 (hereinafter referred to as the "cofeposa Act" ). It is claimed that the detention order is the result of mala fide exercise of powers for a collateral purpose. The Detention Order is vitiated by delays, arbitrariness and other illegalities. It violates the provisions of Arts. 14 and 21 of the Constitution of India. Petitioner admits that he has so far not allowed the detention order to be served on him. The order is sought to be challenged at the preexecution stage itself. Proceedings have also been initiated under Section 7 of the cofeposa Act before the Additional Chief metropolitan Magistrate. In the said proceedings, petitioner had initially been granted interim protection for the purpose of presenting himself before the Trial Court. The Commissioner of Central Excise (Adjudication)vide order dated 31-5-2006, has imposed a penalty to the tune of Rs. 50 lacs and proceedings under Sections 80/81 of cr. P. C.