IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
MOHAMMED KUNHI C.A – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. detention order based on multiple offenses. (Para 2) |
| 2. arguments regarding the validity of detention. (Para 4 , 5) |
| 3. court's reasoning on alternative remedies and bail. (Para 7 , 8 , 9) |
JUDGMENT
Jobin Sebastian, J.
The petitioner herein is the father of one Shajahan P. M. ('detenu' for the sake of brevity), and his challenge in this Writ Petition is directed against Ext.P1 order of detention dated 08.01.2026, 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 22.10.2025, a proposal was submitted by the District Police Chief, Kasaragod, seeking initiation of proceedings against the detenu under Section 3 (1) of the PITNDPS Act before the jurisdictional authority, the 2nd respondent. Altogether, eight 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.987/205 of Bekal Police Station, alleging commission of offences punishable under Sections 22 (b), 29, an
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