IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.B.SURESH KUMAR, JOBIN SEBASTIAN
Robin Jacob S/o Jacob Varghese – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
Jobin Sebastian, J.
1. The petitioner is the brother of Jobin Jacob ('detenu' for the sake of brevity) and his challenge in this Writ Petition is directed against Ext.P1 order of detention dated 05.10.2024 passed by the 2nd respondent under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (‘PITNDPS Act’ for brevity). After considering the opinion of the Advisory Board, the said order stands confirmed by the Government vide order dated 18.12.2024, and the detenu was ordered to be detained for a period of one year with effect from the date of detention.
2. The records reveal that a proposal was submitted by the District Police Chief, Alappuzha, the 4th respondent, on 27.07.2024, seeking initiation of proceedings against the detenu under Section 3(1) of the PITNDPS Act before the jurisdictional authority, the 2nd respondent. Altogether, two cases in which the detenu was involved have been considered by the jurisdictional authority for passing the impugned order of detention, and the details of the said cases are given below:-
| S. No. | Crime No. | Police Station | Crime Date | Offences involved under Sections | Present status of case |
| 1 | 336 | ||||
A detention order under the PITNDPS Act can be validly issued while the detenu is in judicial custody, provided the authority demonstrates awareness of this and substantiates the likelihood of bail a....
A detention order under the PITNDPS Act is invalid if the authority fails to demonstrate a real possibility of the detenu being released on bail while in judicial custody.
A detention order under preventive detention laws requires clear evidence of a detenu's potential release on bail and risk of re-offending, which must be stated in the order itself to be valid.
Preventive detention may lawfully proceed under specific conditions despite a detenu's judicial custody; it requires proof of potential bail release and risk of recurring criminal conduct.
A detention order under the PITNDPS Act can be validly passed even if the detenu is in judicial custody, provided the authority demonstrates a real possibility of bail based on reliable materials.
A detention order under the PITNDPS Act is invalid if it lacks clear reasoning regarding the possibility of bail for a detenu already in judicial custody.
Preventive detention may be valid for individuals in judicial custody if the authority demonstrates a real risk of bail release leading to further illicit activities.
A detention order under preventive laws is valid for an individual in custody if there is a justified belief of imminent bail release and potential reoffending.
A valid detention order under the PITNDPS Act can be issued for a person in judicial custody if the authority demonstrates a likelihood of bail release and potential for further prejudicial activity.
A detention order under the PITNDPS Act is valid if the authority satisfies three criteria regarding the likelihood of bail, and potential for subsequent prejudicial activity, irrespective of the det....
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