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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
MUHAMMED IRSHAD – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. background of detention order and custody facts (Para 1 , 2 , 6) |
| 2. rival contentions on application of mind (Para 3 , 4 , 5) |
| 3. non-application of mind vitiates detention (Para 7) |
| 4. writ allowed, detention set aside (Para 8) |
This writ petition is directed against an order of detention dated 30.12.2025, passed against one Muhammed Anees ('detenu' for the sake of brevity), underSection 3(1) of thePrevention 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, it was after considering the recurrent involvement of the detenu in criminal activities, a proposal was submitted by the District Police Chief, Malappuram, on 15.10.2025, seeking initiation of proceedings against the detenu underSection 3(1) of the PITNDPS Act before the jurisdictional authority, the 2nd respondent. Altogether, five cases in which the detenu got involved have been considered by the detaining authority for passing the impugned order of detention. Out of the said cases, the case registered with respect to the last prejudicial activity is crime No.57/2025 of Malappuram Exc
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