IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
RISHA T.T – Appellant
Versus
STATE OF KERALA – Respondent
The ratio decidendi of the case is that a detention order under the relevant preventive detention law can be validly issued even if the detenu is in judicial custody, provided that the detaining authority is satisfied that there is a real and imminent likelihood of the detenu being released on bail and that, upon release, he would engage in prejudicial activities. The order must reflect the proper application of mind, including consideration of relevant facts such as prior criminal history, the likelihood of bail, and the potential for future prejudicial conduct. The subjective satisfaction of the detaining authority, based on materials on record, is sufficient to uphold the detention, even if the specific recording of the likelihood of bail is not explicitly documented. Furthermore, delays in passing the detention order, when adequately explained and linked to the ongoing criminal activity, do not necessarily invalidate the order. Involvement in even a single relevant case can justify detention, and subsequent legal developments, such as an order of release on technical grounds, do not automatically vitiate the detention if the initial decision was based on relevant and sufficient materials.
JUDGMENT
Jobin Sebastian, J.
The petitioner herein is the wife of one Mirshad P. ('detenu' for the sake of brevity), and her challenge in this Writ Petition is directed against Ext.P1 order of detention dated 30.07.2025, 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).
2. The records reveal that, on 29.04.2025, a proposal was submitted by the Deputy Excise Commissioner, Kozhikode, seeking initiation of proceedings against the detenu under the PIT NDPS Act before the jurisdictional authority, the 2nd respondent. Altogether, three cases in which the detenu got involved have been considered by the jurisdictional authority for passing the detention order. Out of the said cases, the case registered with respect to the last prejudicial activity is crime No.16/2025 of the Excise Enforcement and Anti- Narcotic Special Squad, Kozhikode, alleging the commission of an offence punishable under Section 22(c) of the NDPS Act .
3. We heard Sri. Firdouse K. K., the learned counsel appearing for the petitioner, and Sri. K.A. Anas, the learned Public Prosecutor.
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