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1996 Supreme(Ker) 118

K.T.THOMAS, S.SANKARASUBBAN
P. Vimalamma – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

SANKARASUBBAN, J.

This Original Petition filed under Article 226 of the Constitution is by the mother of the detenu, V. K. Padmakumar, to quash the detention order No. 31743/SSA 1/95/Home D/11-7-1995 passed under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the PITNDPS Act) and the order of confirmation dated 11-9-1995 passed under Section 9(f) of the PITNDPS Act read with Section 11 of the Act.

2. Detenu was arrested under section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 on 2-11-1995 on the accusation that detenu was traffiking in brown sugar. He was produced before the Sessions Court. Thiruvanathapur and was remanded to the judicial custody. Application for bail was rejected by the Sessions Judge by order dated 16-5-1995. Thereafter, on 11-7-1995 first respondent/State of Kerala passed an order under section 3(1) of the PITNDPS Act. True copy of the said order is produced along with the Original Petition as Ext. P1. It is stated in Ext. P1 order that with a view to prevent the detenu from engaging in illicit traffic in narcotic drugs it is necessary to make an orde
















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