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2026 Supreme(Online)(Ker) 25527

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
SHYAMALA VENU GOPAL – Appellant
Versus
STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS – Respondent


Advocates:
For the Appellants/Petitioners: SRI.V.VISAL AJAYAN, SHRI.FRANCIS THENAMPARAMBIL
For the Respondents: SRI.K.A.ANAS, GP

Table of Content
1. facts of detention order and prejudicial activities. (Para 1 , 2 , 10)
2. rival contentions on detention validity. (Para 3 , 4 , 5)
3. triple test for custody-based preventive detention. (Para 6 , 7 , 8 , 9)
4. satisfaction of triple test and no undue delay upheld. (Para 11 , 12 , 13)

The petitioner herein is the mother of one Vishnu V. Gopal ('detenu' for the sake of brevity), and her challenge in this Writ Petition is directed against Ext.P4 order of detention dated 19.12.2025, passed by the 2nd respondent under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PITNDPS Act for brevity).

2. The records reveal that, on 24.09.2025, a proposal was submitted by the District Police Chief, Kottayam, seeking initiation of proceedings against the detenu under the PITNDPS Act before the jurisdictional authority, the 2nd respondent. Altogether, three cases in which the detenu got involved have been considered by the jurisdictional authority for passing the detention order. Out of the said cases, the case registered with respect to the last prejudicial activity is crime No.1399/2025 of the Vaikom Police Station, alleging the commi

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