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2026 Supreme(Online)(Ker) 25911

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN, JJ
ALFIYA.A – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.SIJU, SRI.S.ABHILASH, SMT.ANJANA KANNATH, SMT.SAFNA P.S., SMT. MARIYA JOSE
For the Respondents: SRI.K.A.ANAS. G.P.

Table of Content
1. petitioner's and government's arguments on detention validity. (Para 3 , 5)
2. background of detention order under pitndps based on narcotic cases. (Para 6)
3. bail conditions insufficient despite grant; detention justified. (Para 8)
4. detenu's involvement sufficient without conviction for detention. (Para 9)

This writ petition is directed against an order of detention dated 13.01.2026 passed against one Muhammed Rafi (herein after referred to as 'detenu'), underSection 3(1) of thePrevention of Illicit Traffic inNarcotic Drugs and Psychotropic Substances Act, 1988(‘PITNDPS Act’ for brevity). The petitioner herein is the wife of the detenu. The said order stands confirmed by the Government vide order dated 19.03.2026, 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 12.11.2025, a proposal was submitted by the District Police Chief, Kollam city, seeking initiation of proceedings against the detenu under the PITNDPS Act before the jurisdictional authority. Altogether, two cases in which the detenu got involved have been considered by the jurisdictional authority for passing the

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