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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, MR. JOBIN SEBASTIAN, JJ
SHEEBA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of the case determining the detenu and the law applied. (Para 1 , 2) |
| 2. arguments presented by both sides regarding the detention order. (Para 4 , 5) |
| 3. analysis of the validity of the detention order considering procedural delays. (Para 6 , 7 , 8 , 9 , 10) |
| 4. final decision declaring the detention order invalid. (Para 11) |
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
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