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2025 Supreme(Online)(Ker) 51882

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, MR. JOBIN SEBASTIAN, JJ
SHEEBA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.P.MOHAMED SABAH, Sri.LIBIN STANLEY, SMT.SAIPOOJA, Sri.SADIK ISMAYIL, SMT.R.GAYATHRI, Sri.M.MAHIN HAMZA, Shri.ALWIN JOSEPH, Shri.BENSON AMBROSE
For the Respondents: Sri.K.A.ANAS

J U D G M E N T

Jobin Sebastian, J.

This writ petition is directed against an order of detention dated 01.08.2025, passed against one Noufal Aliyar, S/o. Aliyar (detenu), under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act , 1988 (‘PITNDPS Act’ for brevity). The petitioner herein is the mother of the detenu.

2. The records reveal that, on 13.12.2024, a proposal was submitted by the District Police Chief, Idukki, the 3rd respondent, 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 got involved have been considered by the jurisdictional authority for passing Ext.P2 detention order. Out of the two cases considered, the case registered with respect to the last prejudicial activity is crime No.1924/2024 of Thodupuzha Police Station, alleging commission of offenses punishable under Sections 20 (b)(ii)(c) and 29 of the NDPS Act.

3. We heard Sri. P. Mohamed Sabah, the learned counsel appearing for the petitioner, and Sri.K.A. Anas, the learned Government Pleader.

4. The learned counsel for the pet

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