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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
SAKUNTHALA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenge against detention under preventive laws. (Para 1 , 2) |
| 2. arguments addressing compliance with procedural norms. (Para 4 , 5) |
| 3. requirement of proving bail possibility for valid detention. (Para 7) |
| 4. judicial authority's oversight in issuing detention orders. (Para 8 , 9 , 10) |
| 5. final judgment on the validity of detention. (Para 12) |
JUDGMENT
Jobin Sebastian, J.
The petitioner herein is the mother of one Shanthibhushan ('detenu' for the sake of brevity) and her challenge in this Writ Petition is directed against Ext.P1 order of detention dated 06.08.2025, passed by the 2nd respondent under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PITNDPS Act for brevity). The said order stands confirmed by the Government, vide order dated 20.10.2025, after obtaining the opinion of the Advisory Board, 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, on 29.03.2025, a proposal was submitted by the District Police Chief, Thiruvananthapuram Rural, seeking initiation of proceedings against the detenu under the PITNDPS Act before the jur
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