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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN
Raju K.K S/o. Karunakaran – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. detention order based on pitndps act. (Para 1 , 2) |
| 2. court's application of legal standards. (Para 3 , 6 , 10 , 11 , 12 , 13) |
| 3. arguments against detention order validity. (Para 4 , 5 , 14 , 15) |
| 4. triple test for valid detention. (Para 7 , 8 , 9) |
JUDGMENT :
Jobin Sebastian, J.
Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act , 1988 (‘PITNDPS Act’ for brevity). The petitioner is the father of the detenu. After considering the opinion of the Advisory Board, the said detention order was confirmed by the Government vide order dated 16.10.2025, and the detenu has been directed to be detained for a period of one year with effect from the date of his detention.
Sections 8 (c), 22(c), and 29 of the NDPS Act.
3. We heard Sri. Athul Poulose, the learned counsel appearing for the petitioner, and Sri. K.A. Anas, the learned Government Pleader.
Kamarunnissa v. Union of India and another, [1991 (1) SCC 128], the learned counsel for the petitioner contended that in cases wherein the detenu is in judicial custody, in connection with the last prejudicial activity, a detention order under preventive detention laws can be validly passe
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 preventive laws is valid for an individual in custody if there is a justified belief of imminent bail release and potential reoffending.
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.
Detention orders under preventive detention laws can be valid even if the individual is in custody, provided the authority reasonably believes in the possibility of release on bail and future prejudi....
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 is valid if the authority satisfies three criteria regarding the likelihood of bail, and potential for subsequent prejudicial activity, irrespective of the det....
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.
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.
Preventive detention valid against judicially custodied detenu if authority satisfied of bail likelihood and prejudicial relapse risk, despite NDPS Section 37 rigours.
Detention order valid under PITNDPS Act if triple test satisfied despite detenu in custody for last prejudicial activity.
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