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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
THAMPI – Appellant
Versus
UNION OF INDIA – Respondent
| Table of Content |
|---|
| 1. detention order under pitndps based on drug cases despite custody. (Para 2 , 6) |
| 2. petitioner's challenge on non-consideration of bail and procedures. (Para 4 , 5) |
| 3. triple test satisfied via holistic application of mind. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. quashed for delay in section 3(2) report forwarding. (Para 13 , 14) |
This writ petition is directed against an order of detention dated 02.12.2025, passed against one Gopakumar T. @ Gokul Thampi ('detenu' for the sake of brevity), underSection 3(1) of thePrevention of Illicit Traffic inNarcotic Drugs and Psychotropic Substances Act, 1988 (‘PITNDPS Act’ for brevity). The petitioner herein is the father of the detenu. After considering the opinion of the Advisory Board, the said order stands confirmed by the Government vide order dated 03.02.2026, 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 it was after considering the involvement of the detenu in drug peddling activities that a proposal was submitted by the Deputy Commissioner of Police, Thiruvananthapuram City, on 03.09.2025, seeking initiation of proceedings against the d
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