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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
K.J. XAVIER – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. detention order specifics and petitioner status. (Para 1 , 2) |
| 2. arguments regarding the validity of the detention order. (Para 4 , 5) |
| 3. importance of timely action on detention orders. (Para 7 , 9 , 11) |
| 4. proximity and its implications on detention. (Para 8) |
| 5. conclusion leading to the setting aside of the order. (Para 10 , 12) |
JUDGMENT
Jobin Sebastian, J.
This writ petition is directed against a detention order dated 28.5.2025, passed against one Sharon K.X S/o. K.J Xavier (herein after referred to as ‘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 father of the detenu.
2. The records reveal that, on 15.2.2025, a proposal was submitted by the Deputy Commissioner of Police, Kozhikode city, the 4th respondent, seeking initiation of proceedings against the detenu under Section 3 (1) of the PITNDPS Act before the jurisdictional authority, the 3rd respondent. Altogether, two cases in which the detenu got involved have been considered by the jurisdictional authority for passing the impugned order of detention. Out of the two cases consi
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