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2025 Supreme(Online)(Ker) 53408

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


Advocates:
For the Appellants/Petitioners: SRI.SHARAN SHAHIER, SMT.RHEA SHERRY, SMT.ANGELINA JOY, SMT.SHWETHA MARIA SOLOMON, SMT.UMAMAHESWARY P.M.
For the Respondents: SRI.K.A.ANAS, GOVERNMENT PLEADER, SHRI.RAMKUMAR J., CENTRAL GOVERNMENT COUNSEL

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 considered, the case registered with respect to the last prejudicial activity is crime No.11/2025 of Nadakkavu Police Station, alleging commission of offenses punishable under Sections

22(c) and 29 of the NDPS Act.

3. We heard Sri.Sharan Shahier, the learned counsel appearing for the petitioner, and Sri.K.A. Anas, the learned Government Pleader.

4. The l

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