IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
SURAJ RAI – Appellant
Versus
THE STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petition against a detention order under the pitndps act. (Para 1 , 2 , 3) |
| 2. arguments on the application of mind and delay regarding the detention. (Para 5 , 6) |
| 3. court analysis of delay and its impact on detention order validity. (Para 7 , 8 , 9 , 10 , 11) |
| 4. final ruling on the detention order. (Para 12) |
J U D G M E N T Jobin Sebastian, J.
This writ petition is directed against an order of detention dated
22.04.2025 passed against one Suraj Rai, S/o. Sankappa Rai, ('detenu' for the sake of brevity), 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 07.07.2025, and the detenu has been 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, Kasaragod, the 2nd respondent, on 31.12.2024, seeking initiation of proceedings against the detenu under Section 3 (1) of the PITNDPS Act before the jurisdictional authority. Altogether, three cases in whic
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