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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
RENJU.D – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of the writ petition and detention circumstances. (Para 1 , 2 , 3) |
| 2. debate surrounding delay and justifications for detention. (Para 5 , 6) |
| 3. court's evaluation of necessary standards for issuance of detention. (Para 7 , 8 , 9 , 10) |
| 4. final ruling allowing the writ petition and ordering release. (Para 12) |
Jobin Sebastian, J.
This writ petition is directed against an order of detention dated 12.11.2025 passed against one Achu, S/o. Dharmarajan (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 brother of the detenu.
2. The records reveal that on 12.09.2025, a proposal was submitted by the District Police Chief, Kollam City, 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 the detention order.
3. Out of the said cases considered, the case registered against the d
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