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1996 Supreme(Ker) 248

K.G.BALAKRISHNAN, K.NARAYANA KURUP
Aji Kumari – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

BALAKRISHNAN, J.

Petitioners in both the Original Petitions have been detained under the provisions of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter it will be referred to as 'PITNDPS Act'). In both the cases the detention orders have been passed under Secs. 3(1) and 10(1) of the PITNDPS Act. The detention is challenged on the ground that the Advisory Board under the PITNDPS Act has not given opinion regarding the continued detention and, therefore, the petitioners prayed that they are entitled to be released on completion of one year period of detention ordered under Sec. 3(1) of the PITNDPS Act.

2. In O.P. No. 4642/96 the order of detention under Sec. 3(1) was passed on 11-7-1995 and it was served on him on 15-7-1995. Subsequently an order of dtention was passed by the Central Government on 11-8-95 and that was served on the detenu on 1-9-95. The order of detention passed under Sec. 3(1) on 11-7-1995 was referred to the Advisory Board constituted under Article 22(4) of the Constitution for its opinion and the Board met on 23-8-95 and gave its opinion to the effect that there was sufficient cause for detention of













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