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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. K. Jayasankaran Nambiar, JOBIN SEBASTIAN, JJ
Niranjan Kusulia S/o Bidesi Kusulia – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. challenge of detention order as per pitndps act (Para 1 , 2) |
| 2. writ petition dismissal and conclusion (Para 3) |
| 3. arguments regarding preventive detention in judicial custody (Para 5) |
| 4. conditions for valid preventive detention while in custody (Para 6 , 10 , 11) |
| 5. supreme court's test for lawful detention (Para 7 , 8 , 9) |
| 6. assessment of subjective satisfaction by the detaining authority (Para 12 , 13 , 14) |
JUDGMENT :
1. The petitioner herein is the brother of one Ramesh Kusulia ('detenu' for the sake of brevity) and his challenge in this Writ Petition is directed against Ext.P2 order of detention dated 11.03.2025 passed by the 2nd respondent under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PITNDPS Act for brevity). The said order stands confirmed by the Government, vide order dated 22.08.2025, after obtaining the opinion of the Advisory Board, and the detenu has been ordered to be detained for a period of one year with effect from the date of detention.
3. We heard Smt. Saipooja, the learned counsel appearing for the petitioner, and Sri. K.A. Anas, the learned Government Pleader.
5. In response, the learned Gove
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 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.
A detention order under the PITNDPS Act can be valid if authorities demonstrate imminent likelihood of the detenu's release on bail and the risk of future criminal activity.
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.
Preventive detention is valid even for individuals in judicial custody if the authority satisfies the triple test regarding bail likelihood and continuing criminal activity, despite delays not severi....
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 preventive laws is valid for an individual in custody if there is a justified belief of imminent bail release and potential reoffending.
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 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 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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