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2025 Supreme(Online)(Ker) 50016

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. K. Jayasankaran Nambiar, JOBIN SEBASTIAN, JJ
Rema V S – Appellant
Versus
State of Kerala – Respondent


Advocates:
For the Appellant: Sri.P.Mohamed Sabah, Sri.Libin Stanley, Smt.Saipoja, Sri.Sadik Ismayil, Smt.R.Gayathri, Sri.M.Mahin Hamza, Shri.Alwin Joseph, Shri.Benson Ambrose
For the Respondents: Sri.K.A.Anas, Government Pleader

JUDGMENT

Jobin Sebastian, J.

An order of detention dated 31.07.2025, passed against one Swathy Krishna, W/o. Arun Joy (detenu), under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (‘PITNDPS Act’ for brevity) is under challenge in this writ petition.

2. As evident from the records, it was on the basis of a proposal dated 05.05.2025, forwarded by the District Police Chief, Ernakulam Rural, the jurisdictional authority, the 2nd respondent, initiated proceedings against the detenu under Section 3 (1) of the PITNDPS Act. Two cases in which the detenu got involved have been considered by the jurisdictional authority while passing the order of detention.

3. Out of the said cases, the case registered with respect to the last prejudicial activity is Crime No.615/2025 of Angamali Police Station, alleging commission of offences punishable under Sections 8, 22(c), and 29 of the NDPS Act. The allegation in the said case is that on 23.03.2025, the detenu, along with the co-accused were found possessing and transporting 20.80 gms of MDMA in a car bearing registration No.KL-55-R-5484, in contravention of the provisions contained under the

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