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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
USHA T – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. writ petition against detention order under pitndps act. (Para 1 , 2) |
| 2. arguments regarding legality and sufficiency of detention. (Para 4 , 5 , 9) |
| 3. court's observations on detention criteria. (Para 6 , 7 , 10) |
| 4. ratio on necessity of detention despite bail. (Para 8) |
| 5. decision to set aside detention order. (Para 12 , 14) |
Jobin Sebastian, J.
This writ petition is directed against an order of detention dated
26.10.2025 passed against one Rahul E. (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 mother of the detenu. After considering the opinion of the Advisory Board, the said order stands confirmed by the Government vide order dated 19.01.2026, and the detenu has been ordered to be detained for a period of one year with effect from the date of detention.
2. The records reveal that on 15.05.2025, a proposal was submitted by the Deputy Commissioner of Police, Kozhikode City, seeking initiation of proceedings against the detenu under the PITNDPS Act before the jurisdictional authority. Altogether, two cases
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