Anandhavally vs State Of Kerala on 10 July, 2026

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    Kerala High Court

    Anandhavally vs State Of Kerala on 10 July, 2026

    WP(CRL.) NO.870/2026                 1
    
    
    
                                                   2026:KER:50667
    
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
    
                                  PRESENT
    
            THE HONOURABLE THE CHIEF JUSTICE MR. SOUMEN SEN
                                     &
              THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
      FRIDAY, THE 10TH DAY OF JULY 2026 / 19TH ASHADHA, 1948
    
                        WP(CRL.) NO.870 OF 2026
    
    PETITIONER:
    
               ANANDHAVALLY
               AGED 82 YEARS
               W/O THULASIDHARAN, VISAKH HOUSE,
               PERUNGUZHI P.O, NALUMUKKU,
               PERUNGUZHI DESOM, AZHOOR VILLAGE,
               TRIVANDRUM DIST, PIN - 695305
    
               BY ADVS.
               SRI.M.J.SANTHOSH
               SHRI.ANTONY PAUL
    
    RESPONDENTS:
    
        1      STATE OF KERALA
               REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO
               GOVERNMENT, HOME DEPARTMENT, GOVERNMENT
               SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001
    
        2      THE STATE POLICE CHIEF, KERALA
               THIRUVANANTHAPURAM, PIN - 695010
    
        3      THE INSPECTOR GENERAL OF POLICE
               POLICE HEADQUARTERS, VAZHUTHAKAD
               THIRUVANANTHAPURAM, PIN - 695010
    
        4      THE DISTRICT POLICE CHIEF,
               THIRUVANANTHAPURAM RURAL
               PATTOOR PMG ROAD, PALAYAM,
               THIRUVANANTHAPURAM, PIN - 695033
     WP(CRL.) NO.870/2026              2
    
    
    
                                                         2026:KER:50667
    
        5       THE SECRETARY, ADVISORY BOARD
                THE PREVENTION OF ILLICIT TRAFFIC IN- NARCOTIC
                DRUGS AND PSYCHOTROPIC SUBSTANCE ACT,
                ERNAKULAM, PIN - 682031
    
        6       THE SUPERINTENDENT OF JAIL
                CENTRAL PRISON & CORRECTIONAL HOME,
                THIRUVANANTHAPURAM, PIN - 695012
    
    
                BY ADV.SRI.BIJU MEENATTOOR, SR. PUBLIC PROSECUTOR
    
    
         THIS    WRIT   PETITION   (CRIMINAL)   HAVING    BEEN   FINALLY
    HEARD ON 10.07.2026, THE COURT ON THE SAME DAY DELIVERED
    THE FOLLOWING:
     WP(CRL.) NO.870/2026                  3
    
    
    
                                                                 2026:KER:50667
    
    
                                  JUDGMENT
    

    Dated this the 10th day of July, 2026

    Syam Kumar V.M., J.

    SPONSORED

    This W.P.(Crl.) is filed by the mother of

    Mr.Sabarinath, who is detained in the Central Prison and

    Correctional Home, Thiruvananthapuram, and continues to

    be under detention pursuant to the order passed under

    Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs

    and Psychotropic Substances Act, 1988 (for short ‘PIT NDPS

    Act‘). Petitioner challenges the detention of her son as illegal

    and seeks to issue a writ of habeas corpus and a writ of

    certiorari quashing the orders leading to his detention.

    2. Copies of the detention order bearing

    No.SSC1/189/2025-Home dated 22.01.2026 issued by the

    1st respondent and the Confirmation Order bearing No.GO

    (Rt) No.1289/2026/Home dated 06.04.2026 are produced

    along with the W.P.(Crl.) as Exhibits P1 and P2 respectively.

    Petitioner inter alia seeks to quash Exhibit P1.

    3. A memo has also been filed by the learned Public
    WP(CRL.) NO.870/2026 4

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    Prosecutor on 25.06.2026 producing therewith the statement

    of facts furnished by the 4th respondent District Police Chief,

    Thiruvananthapuram (Rural).

    4. Since it was deemed necessary to have a closer

    scrutiny of the records and procedures undertaken by the

    authorities leading to Exhibits P1 and P2 orders, we had on

    09.06.2026 directed the learned Public Prosecutor to produce

    the original records in a sealed envelope. Pursuant to the said

    direction, a sealed cover has been produced containing the

    report, opinion dated 31.03.2026 and the proceedings of the

    Advisory Board concerning the detenu along with connected

    documents.

    5. We heard Mr.M.J.Santhosh, Advocate appeared

    for the petitioner and Mr.Biju Meenattoor, learned Senior

    Public Prosecutor for the respondents.

    6. The learned counsel for the petitioner submitted

    that Exhibit P1 order issued invoking Section 3(1) of the PIT

    NDPS Act and its confirmation, vide Exhibit P2 order are

    illegal, arbitrary and vitiated by errors apparent on the face of
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    the record. It is submitted that there had been no application

    of mind to the relevant materials before issuing the detention

    order and that the same had been issued without following

    the procedures prescribed by the law. The learned counsel

    further contended that there was a delay of 4 months from

    the date of last prejudicial activity attributed to the detenu

    and the detention order. Thus, according to the learned

    counsel, the live link between the last prejudicial activity and

    the purpose sought to be achieved by the order of preventive

    detention had snapped. It is also submitted that there was a

    delay of 2 months from the report of the sponsoring authority

    to the date of detention and no reasonable explanation has

    been offered for the said delay which according to the learned

    counsel is inordinate. The learned counsel further contends

    that though the report of the screening committee to the

    Government was issued on 24.12.2025, the detention order

    was issued only on 22.01.2026 i.e. after a delay of 1 month. It

    is submitted that the detenu had not been involved in any

    NDPS cases after 11.09.2025 and reliance is placed on the
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    dictum laid down in Anjana Das P. v. State of Kerala [2026:

    KER:16817 (W.P.(Crl) No.308 of 2026 dated 25.02.2026)]

    wherein a delay of 32 days for issuing detention order after

    the report of the screening committee was held to be

    inordinate. Reliance is also placed on the judgments of this

    Court in Ramla A. v. State of Kerala [2025:KER:73770 (W.P.

    (Crl) No.1268 of 2025 dated 07.10.2025)] and Asmabi

    Basheer K.P. v. State of Kerala [2026:KER:21937 (W.P.(Crl)

    No.339 of 2026 dated 11.03.2026)] wherein the delay of 28

    days and 45 days respectively in issuing the detention order

    after the decision of the screening committee were held to be

    sufficient to vitiate the detention order. The learned counsel

    also points to the judgment of the court in Suneera v. State

    of Kerala [2024 (5) KHC 584] to contend that failure of Police

    Department to leverage the available technology to expedite

    the process and instead offer weak excuses for the delay

    undermines the principles of personal liberty that are to be

    scrupulously adhered to before venturing to preventively

    detain a citizen, and that such explanations are not only
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    unsatisfactory, but also incompatible with the duty to protect

    an individual’s right to timely and just legal process. It is

    thus submitted by the learned counsel that the delay

    occasioned is inordinate rendering the detention order illegal

    and unsustainable. The confirmation of the same was without

    taking into consideration the non-compliance of statutory

    procedure leading to its issuance. Thus the confirmation too

    bad and unsustainable in law. The learned counsel thus

    prays that Exhibits P1 and P2 orders may be quashed and

    the W.P.(Crl) may be allowed as prayed for.

    7. Per contra, the learned Public Prosecutor based

    on the statement filed, submitted that all statutory

    requirements had been complied with while issuing Exhibits

    P1 and P2 orders. It is submitted that the detenu against

    whom the detention order under Exhibit P1 has been issued

    is a habitual offender in drug trafficking and is operational in

    the Districts of Thiruvananthapuram and Kollam within the

    State. It is submitted that he along with associates have been

    indulging in transporting drugs from other States and has
    WP(CRL.) NO.870/2026 8

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    been involved in 6 NDPS cases for transporting, processing

    and supplying of medium and large quantity of narcotic

    substances ganja and methamphetamine for sale at Varkala,

    Attingal and Neyyattinkara police subdivision limits,

    Thiruvananthapuram Rural and in Kollam District.

    Preventive measures initiated against him under Section 129

    BNSS and the stringent bail conditions imposed upon him

    earlier by the courts were proven inadequate to prevent him

    from committing drug peddling activities and it has after

    being objectively and subjectively satisfied that for the further

    maintenance of public tranquility in Thiruvananthapuram

    and other Districts, the initiation of Section 3(1) of PIT NDPS

    Act is inevitable and necessary.

    8. The learned Public Prosecutor further submits

    that the contention put forth regarding snapping of live link

    due to alleged delay is incorrect and unsustainable. The

    proposal against the detenu was submitted on 24.11.2025

    within 2 months and 13 days from the last prejudicial

    activity. The last crime registered against the detenu was on
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    11.09.2025. i.e. at Varkala Police Station in Crime No.1361 of

    2025 under Section 22 (c) and 29 of the NDPS Act. In the

    said case, the detenu had been granted bail by the Additional

    Sessions Court-1, Thiruvananthapuram 11.11.2025. Based

    on the proposal submitted on 24.11.2025, the screening

    committee of PIT NDPS Act heard the sponsoring authority on

    24.12.2025 for scrutinising the proposal. After due

    compliance with mandatory procedure, the detaining

    authority ordered the detention of the detenu under Section

    3(1) of the PIT NDPS Act vide Exhibit P1 order dated

    22.01.2025. As required under Section 9(b) of the PIT NDPS

    Act, the detaining authority referred the case of the detenu to

    the advisory body, and the Advisory Board after hearing

    perusing the relevant records, concluded that there are

    sufficient reasons for continued detention of the detenu. The

    Advisory Board had on 06.04.2026, confirmed the detention

    of the detenu for undergoing preventive detention for a period

    of one year. There is thus no snapping of live link and

    reliance is placed on the judgment of this Court in Radhika
    WP(CRL.) NO.870/2026 10

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    v. State of Kerala [2025 (1) KLT 426], wherein it has been

    held that if the detenu is likely to be released from custody

    and if in the nature of the antecedent activities of the detenu

    there is likelihood that after his release from judicial custody

    he would still indulge in prejudicial activities, then it is

    necessary and imperative to detain him for the purpose of

    preventing him from engaging in such activities.

    9. It is submitted by the learned Senior public

    prosecutor that the date of commission of the last prejudicial

    activity is 11.09.2025 of Varkala Police Station under Crime

    No.1361 of 2025 and the detenu was arrested on 11.09.2025.

    Thereafter he was released on 11.11.2025 pursuant to the

    bail granted by the Additional Sessions Court-1,

    Thiruvananthapuram. The contraband that had been seized

    from him was 50.47 grams of methamphetamine, which is of

    commercial quantity. The date of report of the sponsoring

    authority is 24.11.2025 and the State Police Chief had

    forwarded the proposal with connected records on

    20.12.2025. Six number of NDPS cases had been reckoned
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    for issuing the detention order and the order of detention is

    dated 22.01.2026. The date of execution of the order of

    detention is 26.02.2026, which though is beyond a period of

    one month the same has valid reasons and explanation. The

    learned Senior Public Prosecutor submits that the detenu

    was absconding and a team had to be constituted to find him

    out and to execute the detention order. After conducting

    several enquiries, reliable information had been obtained that

    the detainee was in Bangalore. A special team had been sent

    to Bangalore after obtaining the due permissions. On

    investigation, the detenu was located at a place called

    Dharappalli on 24.02.2026. After he was apprehended and

    while the police party was bringing him back by train to

    Kerala, when the train reached Aluva Railway Station, the

    detenu escaped through the toilet window glass and he was

    later found at Aluva Carmel Hospital. A crime has been

    registered against the detenu as Railway Police Crime No.139

    of 2026 under Section 265 of the BNSS. It is submitted that

    he was brought to Chirayankeezhu Police Station on
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    25.02.2026 at 11.10 P.M. and the detention order was

    executed by the ISHO Chirayankeezhu Police Station on

    26.02.2026 at 01.00 P.M. The learned Senior Public

    Prosecutor submits that the delay in executing the detention

    order occurred on the above account and that all mandatory

    provisions of the PIT NDPS Act were complied with within a

    reasonable and well explained time limit. There is thus no

    cause or reason to interfere with Exhibits P1 and P2 orders, it

    is submitted.

    10. We have heard both sides in detail and have

    considered the respective contentions put forth. We have also

    perused the report of the Advisory Board along with the

    ‘Reasons for its opinion’, and the ‘Proceedings of the Advisory

    Board’ produced by the learned Senior Public Prosecutor in a

    sealed envelope. We note that the Advisory Board had heard

    the detenu, on 26.03.2026. Thereafter, the Advisory Board

    had provided its opinion.

    11. The first contention put forth by the petitioner is

    concerning delay. It is the case of the petitioner that there
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    had been inordinate and unexplained delay on more than one

    count. First, it is contended that there has been a delay of 4

    months between the Last Prejudicial Activity on 11.09.2025

    and the issuance of the detention on 22.01.2026. The next

    major delay alleged by the petitioner is that of two months

    between the report of the sponsoring authority on 24.12.2025

    and the issuance of the detention order on 22.01.2026. A

    delay of 30 days is also alleged in issuing the detention order

    on 22.01.2026 from the date of report of the screening

    committee on 24.12.2025. The law regarding delay in

    preventive detention matters and as to when it could be

    termed as snapping the live link between the offence and the

    order of detention is no longer res integra.

    12. The question concerning delay in preventive

    detention matters and the impact thereof on the detention

    has been subject matter of authoritative precedents. The

    Hon’ble Supreme Court in Licil Antony v. State of Kerala

    and another [(2014) 11 SCC 326], has held that delays in

    issuing or executing a preventive detention order do not
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    automatically invalidate the detention as long as the state

    provides a reasonable, tenable explanation showing that the

    “live link” between the individual’s illegal activity and the

    need for detention was not broken. The Hon’ble Supreme

    Court had the occasion to consider the same question in

    Rajinder Arora v. Union of India and others [(2006) 4 SCC

    796] in which it has been held as follows:

    “20. Furthermore no explanation whatsoever has been
    offered by the respondent as to why the order of
    detention has been issued after such a long time. The
    said question has also not been examined by the
    Authorities before issuing the order of detention.

    21. The question as regards delay in issuing the order
    of detention has been held to be a valid ground for
    quashing an order of detention by this Court in
    T.A.Abdul Rahman v. State of Kerala: 1989) 4 SCC
    741 stating: (SCC pp. 748-49, paras 10-11)
    ’10. The conspectus of the above decisions can be
    summarised thus: The question whether the
    prejudicial activities of a person necessitating to
    pass an order of detention is proximate to the
    time when the order is made or the live-link
    between the prejudicial activities and the purpose
    of detention is snapped depends on the facts and
    circumstances of each case. No hard-and-fast rule
    can be precisely formulated that would be
    applicable under all circumstances and no
    exhaustive guidelines can be laid down in that
    behalf. It follows that the test of proximity is not
    a rigid or mechanical test by merely counting
    number of months between the offending acts and
    the order of detention. However, when there is undue
    and long delay between the prejudicial activities and
    the passing of detention order, the court has to
    scrutinise whether the detaining authority has
    satisfactorily examined such a delay and afforded a
    tenable and reasonable explanation as to why such a
    WP(CRL.) NO.870/2026 15

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    delay has occasioned, when called upon to answer and
    further the court has to investigate whether the causal
    connection has been broken in the circumstances of
    each case.

    11. Similarly when there is unsatisfactory and
    unexplained delay between the date of order of
    detention and the date of securing the arrest of the
    detenu, such a delay would throw considerable doubt
    on the genuineness of the subjective satisfaction of the
    detaining authority leading to a legitimate inference that
    the detaining authority was not really and genuinely
    satisfied as regards the necessity detaining the detenu
    with a view to preventing him from acting in a
    prejudicial manner.’ (Emphasis Supplied)

    It would also be relevant to take note of the dictum laid down

    by the Hon’ble Supreme Court in T.A.Abdul Rahman v.

    State of Kerala and others [(1989) 4 SCC 741] had referred

    to the observations in Golam Hussain alias Gama v.

    Commissioner of Police, Calcutta and others [(1974) 4

    SCC 530] as follows:-

    “10. The conspectus of the above decisions can be
    summarised thus: The question whether the prejudicial
    activities of a person necessitating to pass an order of
    detention is proximate to the time when the order is
    made or the live-link between the prejudicial activities
    and the purpose of detention is snapped depends on the
    facts and circumstances of each case. No hard and fast
    rule can be precisely formulated that would be
    applicable under all circumstances and no exhaustive
    guidelines can be laid down in that behalf. It follows
    that the test of proximity is not a rigid or mechanical test
    by merely counting number of months between the
    offending acts and the order of detention. However,
    when there is undue and long delay between the
    prejudicial activities and the passing of detention order,
    the court has to scrutinise whether the detaining
    authority has satisfactorily examined such a delay and
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    afforded a tenable and reasonable explanation as to
    why such a delay has occasioned, when called upon to
    answer and further the court has to investigate whether
    the causal connection has been broken in the
    circumstances of each case.” (emphasis supplied)

    In the light of the above dictum which is now trite and

    settled, it can be concluded that mere delay in initiating or

    passing a detention order is not by itself fatal. If the delay is

    properly explained and the explanation is found to be

    satisfactory, such delay cannot be regarded as inordinate so

    as to vitiate the order of detention. Therefore, there exists no

    inflexible rule requiring a detention order to be issued within

    a specific time frame following the last prejudicial act. It is in

    the light of the above legal position that the contention put

    forth by the learned counsel for the petitioner regarding delay

    leading to snapping of live link has to be considered.

    13. As regards the case at hand, the last crime i.e.,

    Crime No.1361 of 2025 of Varkala Police Station was

    registered against the detenu on 11.09.2025 and he was

    arrested on that day itself. He was subsequently enlarged on

    bail on 11.11.2025 because of the anomalies noted in the

    grounds of arrest. The detaining authority had valid and well-
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    founded apprehension that the detenu will continue his

    illegal activities in the future. The proposal was submitted on

    24.11.2025 is within 13 days of his release on bail and an

    additional report was also submitted on 15.01.2026 by the

    sponsoring authority. The State Police Chief, after

    scrutinising the proposal and report, submitted the proposal

    and report on 20.12.2025 and 19.01.2026. On receipt of the

    proposal, the matter was placed before the screening

    committee on 24.12.2025 and after receiving the opinion of

    the screening committee, the detaining authority passed the

    detention order on 22.01.2026 which could be executed only

    on 26.02.2026 because the detenu was absconding.

    14. It is thus revealed from records that the matter

    was processed continuously through the various statutory

    and administrative stages, without any unexplained

    interruption or lack of diligence on the part of the authorities.

    We are, therefore, satisfied that the time taken to complete

    the process has been sufficiently accounted for. In the

    absence of any material indicating lethargy, inaction, or
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    unexplained delay on the part of the authorities, we are

    unable to accept the contention that the live and proximate

    nexus between the prejudicial activities and the detention

    order had been severed.

    15. The next point to be considered is the contention

    that the detenu was on bail pending trial in the cases in

    which he had been arraigned as accused and there was no

    reason to invoke the preventive detention law in the

    meanwhile. It is trite that preventive detention and criminal

    prosecution serve different legal purposes. While criminal

    prosecution may aim to impose punishment for offences that

    have already been committed, preventive detention on the

    other hand intends to prevent an individual from engaging in

    similar activities that may be harmful or prejudicial in the

    future. It has been held in the case of the State of Tamil

    Nadu v. Nabila and another [(2015) 12 SCC 127], referring to

    a Constitution Bench decision in Haradhan Saha [(1975) 3

    SCC 198], in which it was held as follows:

    “32. The power of preventive detention is
    qualitatively different from punitive detention. The
    power of preventive detention is a precautionary power
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    exercised in reasonable anticipation. It may or may not
    relate to an offence. It is not a parallel proceeding. It
    does not overlap with prosecution even if it relies on
    certain facts for which prosecution may be launched or
    may have been launched. An order of preventive
    detention may be made before or during prosecution. An
    order of preventive detention may be made with or
    without prosecution and in anticipation or after
    discharge or even acquittal. The pendency of
    prosecution is no bar to an order of preventive
    detention. An order of preventive detention is also not a
    bar to prosecution.

    33. Article 14 is inapplicable because preventive
    detention and prosecution are not synonymous. The
    purposes are different. The authorities are different. The
    nature of proceedings is different. In a prosecution an
    accused is sought to be punished for a past act. In
    preventive detention, the past act is merely the material
    for inference about the future course of probable
    conduct on the part of the detenu.

    34. The recent decisions of this Court on this
    subject are many. The decisions in Borjahan Gorey v.
    State of W.B. [Borjahan Gorey v. State of W.B., (1972) 2
    SCC 550 : 1972 SCC (Cri) 888 : (1973) 1 SCR 751] ,
    Ashim Kumar Ray v. State of W.B. [Ashim Kumar Ray v.
    State of W.B., (1973) 4 SCC 76 : 1973 SCC (Cri) 723] ,
    Abdul Aziz v. District Magistrate, Burdwan [Abdul Aziz
    v. District Magistrate, Burdwan
    , (1973) 1 SCC 301 :

    1973 SCC (Cri) 321 : AIR 1973 SC 770] and Debu
    Mahato v. State of W.B. [Debu Mahato v. State of W.B.,
    (1974) 4 SCC 135 : 1974 SCC (Cri) 274] correctly lay
    down the principles to be followed as to whether a
    detention order is valid or not. The decision in Biram
    Chand v. State of U.P. [Biram Chand v. State of U.P.,
    (1974) 4 SCC 573 : 1974 SCC (Cri) 609] , which is a
    Division Bench decision of two learned Judges is
    contrary to the other Bench decisions consisting in each
    case of three learned Judges. The principles which can
    be broadly stated are these. First, merely because a
    detenu is liable to be tried in a criminal court for the
    commission of a criminal offence or to be proceeded
    against for preventing him from committing offences
    dealt with in Chapter VIII of the Code of Criminal
    Procedure
    would not by itself debar the Government
    from taking action for his detention under the Act.

    Second, the fact that the Police arrests a person and
    later on enlarges him on bail and initiates steps to
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    prosecute him under the Code of Criminal Procedure
    and even lodges a first information report may be no
    bar against the District Magistrate issuing an order
    under the preventive detention. Third, where the
    concerned person is actually in jail custody at the time
    when an order of detention is passed against him and
    is not likely to be released for a fair length of time, it
    may be possible to contend that there could be no
    satisfaction on the part of the detaining authority as to
    the likelihood of such a person indulging in activities
    which would jeopardise the security of the State or the
    public order. Fourth, the mere circumstance that a
    detention order is passed during the pendency of the
    prosecution will not violate the order. Fifth, the order of
    detention is a precautionary measure. It is based on a
    reasonable prognosis of the future behaviour of a
    person based on his past conduct in the light of the
    surrounding circumstances.” (emphasis supplied)

    In addition to the fact that the law is thus very clear and

    precise that pendency of criminal proceedings is not a bar

    against initiation of preventive detention action, we note that

    the sufficiency of bail conditions imposed on the detenu in

    the bail orders and whether it would deter the detenu from

    future offences had also engaged the attention of the

    authorities.

    16. We note that the authorities have considered

    and concluded that the bail conditions imposed on the

    detenu at the time he was granted bail in the respective

    criminal cases were not sufficient to prevent the detenu from

    further involvement in criminal activities taking note of his
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    antecedents and prior violation of bail conditions. The detenu

    had been granted bail by the Additional Sessions Court,

    Thiruvananthapuram, in Crl.M.P.No.1996 of 2021 in Crime

    No.1863 of 2021 of Chirayinkeezhu Police Station for offences

    punishable under Section 20(b) (ii) B, 2B and 29 of the NDPS

    Act as well as in Crl.M.P.No.1853 of 2021 of Chirayinkeezhu

    Police Station in Crime No.1782 of 2021 under Section 20(b)

    (ii) B, 2B and 29 of the NDPS Act. The detenu had, in

    violation of the bail conditions, again committed the crime

    registered in Varkala Police Station as Crime No.1361 of

    2025. It has also been noted that the bail condition, which

    read that “the petitioner shall not get involved in any offence

    while on bail,” subject to which the bail had been granted had

    been breached by the petitioner by again getting involved in

    the Crime No.1361 of 2025 of the Varkala Police Station. A

    bail cancellation report had been submitted by the ISHO’s

    Chirayinkeezhu Police Station before the Additional Sessions

    Court, Thiruvananthapuram and the said report had been

    under the consideration of the court. There were thus valid
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    material and cogent reasons for the authorities to invoke

    Section 3(1) of the PIT NDPS Act against the detenu

    apprehending commission of further narcotic offences by him .

    17. Considering the entirety of the fact and the

    conduct of the detenu and applying the law laid down in

    Kamarunnissa v. Union of India and another [(1991) 1 SCC

    128], we are of the view that the triple test laid down therein

    has been squarely applicable in the instant case. The three

    test contemplated under the said decision are: Firstly, it is to

    be ascertained that the detenu is in custody. Secondly, it is to

    be satisfied that it has reason to believe, on the basis of

    reliable material placed before it that, there is real possibility

    of the detenu being released on bail, and that on being

    released she would in all probability engage in more crimes

    and thirdly, if it is felt essential to detain him/her to prevent

    from so doing. As regards the case at hand, the record speaks

    for itself.

    18. We also note that the subjective satisfaction

    arrived at by the authorities as to whether preventive
    WP(CRL.) NO.870/2026 23

    2026:KER:50667

    detention is essential is also well resonated, valid and legally

    subsisting. The involvement of the detenu in earlier offences/

    antisocial activities and his association with others in

    trafficking huge quantities of methamphetamine from other

    states and Districts, and clandestinely operating and

    controlling the said activities, had been borne out from

    records. The fact that the initiation of normal preventive

    measures under Section 129 BNSS and opening of Rowdy

    History Sheet, proved to be insufficient to prevent him from

    indulging in further narcotic activities are valid

    considerations taken due note of by the authorities while

    issuing Exhibit P1 detention order. We note that the

    authorities had also taken into consideration the fact that the

    detainee had been involved in other 12 different crimes

    mostly in Chirayinkeezhu and Mangalapuram Police Stations.

    The said offences alleged against the detainee include those

    punishable under Sections 143, 147, 148, 149, 302, 294B,

    114, 307, 354D, 506(ii), 507, 509 IPC, Section 27 of the Arms

    Act and Section 120(o) of the Kerala Police Act. We hence find
    WP(CRL.) NO.870/2026 24

    2026:KER:50667

    no illegality in Exhibits P1 and P2 orders in the count of lack

    of subjective or objective satisfaction. The report in the sealed

    cover shall be returned to the learned Senior Public

    Prosecutor forthwith.

    W.P.(Crl.) is dismissed.

    Sd/-

    SOUMEN SEN
    CHIEF JUSTICE

    Sd/-

    SYAM KUMAR V.M.
    JUDGE
    csl
    WP(CRL.) NO.870/2026 25

    2026:KER:50667

    APPENDIX OF WP(CRL.) NO. 870 OF 2026

    PETITIONER’S EXHIBITS

    Exhibit P1 THE TRUE COPY OF DETENTION ORDER OF 1ST
    RESPONDENT BEARING NUMBER SSC1/189/2025-
    HOME DATED 22-01-2026
    Exhibit P2 THE TRUE COPY OF ORDER OF 1ST RESPONDENT
    BEARING NUMBER G.O.(RT) NO. 1289/2026/HOME
    DATED 06-04-2026



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