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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
ASYA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenges to detention order for ndps-linked detenu in custody. (Para 1 , 2 , 11) |
| 2. petitioner's bail remoteness vs. authority's relapse risk arguments. (Para 3 , 4 , 5 , 15) |
| 3. triple test for valid custody detention upheld by precedents. (Para 6 , 7 , 9 , 10 , 12 , 13 , 14) |
| 4. section 37 rigour not absolute bar; detention sustainable. (Para 16 , 17) |
18.10.2025, passed against one Abdul Rahoof M. P. (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.
2. The records reveal that, on 12.08.2025, a proposal was submitted by the District Police Chief, Malappuram, seeking initiation of proceedings against the detenu under the PITNDPS Act before the jurisdictional authority. Altogether, seven 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.557/2025 of the Kottakkal Police Station, alleging the commission of offences
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