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2025 Supreme(Online)(Ker) 51981

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
SABIYA A.A – 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: ADV.SRI.K.A.ANAS, GP.

Jobin Sebastian, J.

This writ petition is directed against an order of detention dated 04.10.2025 passed against one Umarul Farookh K.N('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). The petitioner herein is the mother of the detenu.

2. The records reveal that, on 25.07.2025, a proposal was submitted by the Deputy Commissioner of Police, Kollam City, seeking initiation of proceedings against the detenu under the PITNDPS Act before the jurisdictional authority, the 2nd respondent. Altogether, four cases in which the detenu got involved have been considered by the jurisdictional authority for passing the detention order. Out of the said cases considered, the case registered with respect to the last prejudicial activity is crime No.443/2025 of Thrikkakara Police Station, alleging the commission of an offence punishable under Section 22 (b) 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 petitioner would submit that Ext.P2 or

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