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2026 Supreme(Online)(Ker) 13432

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
SUHARA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.NOORJI NOUSHAD, SRI.NOUSHAD THOTTATHIL, SHRI. BIJUMON K.K, FYZAL BABU V.K, SMT.ASHLY SHAJI
For the Respondents: SRI.K.A.ANAS

Table of Content
1. detention order basis and involvement of accused. (Para 1 , 2)
2. arguments regarding the validity and reasoning behind detention delays. (Para 4 , 5)
3. court's observations on the unreasonableness of the delay affecting the case. (Para 6 , 7 , 8)
4. final ruling on the detention order and its implications. (Para 9)

J U D G M E N T

Jobin Sebastian, J.

This writ petition is directed against Ext.P1 detention order dated

25.10.2025, passed against one Shamil, 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 mother of the detenu. The said detention order was confirmed by the Government vide order dated 12.01.2026, and the detenu has been ordered to be detained for a period of one year, from the date of detention.

2. Altogether, four cases in which the detenu got involved have been considered by the jurisdictional authority for passing Ext.P1 detention order. Out of the said cases, the case registered with respect to the last prejudicial activity is crime No.510/2025 of Ponnani Police Station, alleging commission of offences punishable under Sections

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