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2025 Supreme(Online)(Ker) 54988

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
RENJU.D – 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: SRI.K.A.ANAS, G.P.

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 detenu with respect to the last prejudicial activity is Crime No.2022/2025 of East Police Station, alleging commission of offences punishable under Sections 20 (b) and 29 of the NDPS Act. The detenu is arrayed as the 1st accused in the said case. The allegation in the said case is that on 19.07.2025, the 1st accused, along with othe

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