Jijo vs State Of Kerala on 7 July, 2026

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    Kerala High Court

    Jijo vs State Of Kerala on 7 July, 2026

                                                                2026:KER:49548
    
    
                     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.
    
             TUESDAY, THE 7TH DAY OF JULY 2026 / 16TH ASHADHA, 1948
    
                              WP(CRL.) NO. 875 OF 2026
    
    
    PETITIONER:
    
                  JIJO, AGED 44 YEARS,
                  S/O. MICHEAL, MUKKATH HOUSE, NEENDOOR,
                  VADAKKEKARA VILLAGE, NORTH PARAVUR,
                  ERNAKULAM DISTRICT, PIN - 683522.
    
    
                  BY ADV. SRI. VIVEK VENUGOPAL
    
    
    
    
    RESPONDENTS:
    
         1        STATE OF KERALA,
                  REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO
                  GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
                  THIRUVANANTHAPURAM., PIN - 682031.
    
    
         2        THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT,
                  HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
                  THIRUVANANTHAPURAM., PIN - 695001.
    
    
         3        THE DISTRICT POLICE CHIEF (RURAL),
                  ERNAKULAM, OFFICE OF THE DISTRICT POLICE CHIEF,
                  OPPOSITE POWER HOUSE, MUNNAR ROAD, ALUVA,
                  ERNAKULAM, PIN - 683101.
     WP (Crl.) No. 875 / 2026
    
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                                                             2026:KER:49548
    
         4     THE SUPERINTENDENT,
               CENTRAL PRISON & CORRECTIONAL HOME, POOJAPPURA,
               THIRUVANATHAPURAM DISTRICT., PIN - 695012.
    
    
               BY SENIOR PUBLIC PROSECUTOR SRI. BIJU MEENATTOOR
    
    
         THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
    02.07.2026, THE COURT ON 07.07.2026 DELIVERED THE FOLLOWING:
      WP (Crl.) No. 875 / 2026
    
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                             SOUMEN SEN, C.J.
                                          &
                           SYAM KUMAR V. M., J.
                   -------------------------------------------------
                          WP (Crl.) No. 875 / 2026
                  --------------------------------------------------
                   Dated this the 7th day of July, 2026
    
                                JUDGMENT
    

    Soumen Sen, C.J.

    1. This Writ Petition is filed by the brother of the detenu,

    SPONSORED

    challenging Exhibit P1 Detention Order dated 31 st March,

    2026 passed by the 2nd respondent, invoking the power

    conferred under Section 3(1) of Prevention of Illicit Traffic in

    Narcotic Drugs and Psychotropic Substances Act, 1988 (PIT

    NDPS, for short).

    2. In the detention order, the detaining authority had relied on

    three criminal cases in which the detenu was allegedly

    involved. The first case is Crime No.1867/2025 of North

    Paravur Police Station registered under Section 22(b) of the

    NDPS Act, wherein it is alleged that on 24 th October, 2025, the
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    detenu was found in possession of 3.49 grams of MDMA from

    a lodge room at North Paravur. The second case is Crime

    No.217/2025 of Vadakkekara Police Station registered for

    offences under Section 22(b) of the NDPS Act, wherein the

    allegation is that on 7th March 2025 the detenu was found in

    possession of 2.49 grams of MDMA and 0.03 grams of LSD

    stamps. The third case is Crime No.864/2023 of Vadakkekara

    Police Station registered under Section 20(b)(ii)A of the NDPS

    Act, wherein 10 grams of ganja was allegedly recovered from

    the possession of the detenu on 12th November, 2023.

    3. The proposal for preventive detention was initiated by the

    Sponsoring Authority on 21st January, 2026 and the same was

    recommended and forwarded to the Government by the State

    Police Chief by a letter dated 27th February, 2026. The

    Government then examined the proposal and placed the same

    before the Screening Committee constituted in this regard

    under the chairmanship of Law Secretary on 5th March, 2026.
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    The Screening Committee examined the same in detail and

    opined that this is subjectively and objectively a fit case for

    issuing order of detention under Section 3(1) of the PIT NDPS

    Act, 1988. Later, the report of the Screening Committee was

    sent to the Screening Committee members and Sponsoring

    authority concerned for getting their authentication and the

    same was received back to the Government on 19th March,

    2026 and finally the order of detention was passed on 31 st

    March, 2026.

    4. The learned counsel for the petitioner has submitted that in

    the instant case the live link between the last prejudicial

    activity and the order of detention has been snapped.

    According to him, the last prejudicial activity relied upon

    against the detenu is Crime No.1867/2025 of North Paravur

    Police Station, Ernakulam, which was registered on 25 th

    October, 2025 in which the detenu was arrested on the very

    same day. However, the detention order was passed much
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    later, only on 31st March, 2026, nearly five months after the

    said prejudicial activity.

    5. It is further contended that the Sponsoring Authority did not

    produce the order granting bail to the detenue in the last

    prejudicial activity before the detaining authority for its

    consideration. Moreover, proceedings under Section 126 of the

    BNSS had already been initiated against the detenu. Neither

    the proposal nor the detention order, discloses any specific

    reason as to why the existing preventive measures were

    considered inadequate.

    6. The learned counsel has further contended that though the

    detention order was issued on 31st March, 2026, it was

    executed only on 7th April, 2026 thereby, resulting in a delay

    of seven days in executing the detention order. In order to

    substantiate his contention, reliance has been placed on the

    decision of the Hon’ble Supreme Court in the case of

    Sushanta Kumar Banik v. State of Tripura and others1, to
    1
    AIR 2022 SC 4715
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    show that the unreasonable delay between the date of the

    order of detention and actual arrest of the detenu and in the

    same manner from the date of proposal and passing of the

    order of detention renders the detention order bad and invalid

    as the live and proximate link between the grounds of

    detention and the purpose of detention gets snapped.

    7. Lastly, it is contended that the existing bail conditions

    imposed upon the detenu by the competent court have not

    been properly considered by the detaining authority. It is

    pointed out that the detenu was released on bail on 31 st

    December, 2025 and that no crime or prejudicial activity has

    been reported against him thereafter till the issuance of the

    detention order on 31st March, 2026. In the absence of any

    subsequent criminal involvement after his release on bail,

    there was no basis for the detaining authority to conclude that

    the bail conditions had proved ineffective or that the detenu

    was likely to violate the same.

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    8. The learned Senior Government Pleader has filed a statement

    of facts on behalf of the first and second respondents. In the

    said statement, it is stated that the order of detention was

    passed after considering the proposals submitted to the

    Government of Kerala by the Sponsoring Authority i.e., the

    District Police Chief, Ernakulam Rural, as per letter dated 21 st

    January, 2026, 4th March, 2026 and 9th March, 2026,

    respectively through the State Police Chief as per the letter

    dated 27th February, 2026, 7th March, 2026 and 19th March,

    2026. It is further stated that the Government examined the

    proposal and placed the same before the Screening Committee

    constituted in this regard under the Chairmanship of Law

    Secretary on 5th March, 2026. The Screening Committee

    examined the proposal in detail and opined that this is

    subjectively and objectively a fit case for issuing order of

    detention under Section 3(1) of the PIT NDPS Act. Later, the

    report of the Screening Committee was sent to the Screening
    WP (Crl.) No. 875 / 2026

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    Committee members and the Sponsoring Authority concerned

    for getting their authentication and the same was received

    back to the Government on 19th March, 2026. The

    Government examined the proposal in detail along with the

    opinion of the Screening Committee and the order of detention

    was issued on 31st March, 2026. The detention order was

    timely communicated to the Ministry of Finance as per letter

    dated 1st April, 2026, as mandated under Section 3(2) of the

    PITNDPS Act. The detenu was arrested on 7 th April, 2026 and

    detained at the Central Prison and Correctional Home,

    Thiruvananthapuram on 8th April, 2026. Subsequently, as

    required under Section 9(b) of the PITNDPS Act of 1988, the

    case of the detenu was referred to the PITNDPS Advisory

    Board as per letter dated 24th April, 2026. The Advisory Board

    heard the detenu and the Sponsoring Authority i.e. the

    District Police Chief, Ernakulam Rural on 14 th May, 2026

    through hybrid mode. After hearing and perusing the relevant
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    records, the Advisory Board in its report dated 19 th May, 2026

    opined that there are sufficient reasons for the continued

    detention of detenu. After examining the report together with

    the opinion of the Advisory Board with full application of

    mind, the Government confirmed the order of detention issued

    against Sri. Frijo, S/o Micheal, under clause (f) of Section 9 of

    the PITNDPS Act of 1988, and ordered that the said detention

    will be continued for a period of one year with effect from the

    date of detention, u/s. 11 of the Act, vide G.O.

    (Rt)No.1797/2026/Home, dated 22nd May, 2026. All

    procedural formalities as laid down in the PITNDPS Act were

    complied with in issuing the detention order and in its

    confirmation and no constitutional safeguards were denied to

    the detenu.

    9. The statement has also disclosed the details of the crime cases

    reckoned for the purpose of detention as per Section 2(e) of

    the PITNDPS Act, 1988 which are as follows:
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    Sl. No. Crime No. Police Station Date of Occurrence

    1 1867/2025 North Paravur 24/10/2025

    2 217/2025 Vadakkekara 07/03/2025

    3 864/2023 Vadakkekara 12/11/2023

    10. It appears that in respect of Crime No.1867/2025 and

    Crime No.217/2025, the chemical analysis report revealed

    that the seized contraband contains narcotic substance and

    LSD. In respect of Crime No.864/2023, the detenu was

    convicted for the offence punishable under Section 20(b)(ii)(A)

    of the NDPS Act, 1985 by the learned Judicial First Class

    Magistrate Court-I, North Paravur, on 5th December, 2023.

    The Sponsoring Authority also initiated the following normal

    preventive measures against the detenu:

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    11. The statement also disclosed the following events in

    respect of the detention order which are reproduced below:

    12. The learned Senior Government Pleader, relying upon the

    aforesaid sequence of events, submitted that the detenu had

    repeatedly engaged in narcotic offences despite being released

    on bail and notwithstanding the preventive measures already

    initiated against him. It was further submitted that the detenu
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    had violated the bail conditions imposed in the past and that

    even his conviction in one of the NDPS cases failed to

    dissuade him from indulging in further narcotic offences. It

    was also submitted that the existing preventive measures had

    proved ineffective in curbing his activities, thereby

    necessitating the order of preventive detention to prevent him

    from engaging in further illicit trafficking in narcotic drugs

    and psychotropic substances while on bail. It was, therefore,

    submitted that the detention order is justified in the interest

    of maintaining peace, tranquillity and public order.

    13. We shall first deal with the contention regarding the

    alleged delay in passing the order of detention. According to

    the petitioner, there was nearly five months of delay between

    the last prejudicial activity attributed to the detenu and the

    issuance of the detention order. It is contended that such

    delay has the effect of snapping the live and proximate link
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    between the prejudicial activities relied upon and the

    subjective satisfaction arrived at by the detaining authority.

    14. The PITNDPS Act does not prescribe any specific period

    within which an order of detention is required to be passed

    from the date of the prejudicial activity. What is required is

    that the detaining authority must arrive at its subjective

    satisfaction on the basis of relevant materials that preventive

    detention is necessary with a view to preventing the person

    concerned from engaging in illicit traffic in narcotic drugs and

    psychotropic substances. Nevertheless, it is well settled that

    the prejudicial activities relied upon must bear a live and

    proximate nexus with the order of detention. If there is undue

    and unexplained delay in passing the order, such delay may,

    in a given case, have the effect of snapping the nexus between

    the prejudicial activities and the purpose sought to be

    achieved by the detention. On the other hand, where the delay

    is satisfactorily explained by the time consumed in
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    investigation, collection of materials, administrative

    processing, scrutiny by the sponsoring and screening

    authorities, and consideration by the Government, the

    detention order cannot be invalidated merely on the ground of

    lapse of time.

    15. In Bhawarlal Ganeshmalji v. State of Tamil Nadu2, the

    Hon’ble Supreme Court explained the phrase “live and

    proximate link” in the following words:

    “It is further true that there must be a “live and proximate link”

    between the grounds of detention alleged by the detaining
    authority and the avowed purpose of detention namely the
    prevention of smuggling activities. We may in appropriate cases
    assume that the link is “snapped” if there is a long and
    unexplained delay between the date of the order of detention
    and the arrest of the detenu. In such a case, we may strike down
    an order of detention unless the grounds indicate a fresh
    application of the mind of the detaining authority to the new
    situation and the changed circumstances. But where the delay is
    not only adequately explained but is found to be the result of the
    recalcitrant or refractory conduct of the detenu in evading arrest,
    there is warrant to consider the “link” not snapped but
    strengthened.”

    (emphasis supplied)

    2
    (1979) 1 SCC 465
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    16. While dealing with the question of delay it is also relevant

    to refer to the judgment of the Hon’ble Supreme Court in the

    case of Licil Antony v. State of Kerala 3 wherein it was

    observed as follows:

    ” 9. While dealing with the question of delay in making an
    order of detention, the court is required to be circumspect and
    has to take a pragmatic view. No hard-and-fast formula is
    possible to be laid or has been laid in this regard. However, one
    thing is clear that in case of delay, that has to be satisfactorily
    explained. After all, the purpose of preventive detention is to
    take immediate steps for preventing the detenu from indulging in
    prejudicial activity. If there is undue and long delay between the
    prejudicial activity and making of the order of detention and the
    delay has not been explained, the order of detention becomes
    vulnerable. Delay in issuing the order of detention, if not
    satisfactorily explained, itself is a ground to quash the order of
    detention. No rule with precision has been formulated in this
    regard. The test of proximity is not a rigid or a mechanical test.
    In case of undue and long delay the court has to investigate
    whether the link has been broken in the circumstances of each
    case.”

    (emphasis supplied)

    17. Similarly in Adishwar Jain v. Union of India,4 it was

    held as follows:

    3

    (2014) 11 SCC 326
    4
    (2006) 11 SCC 339
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    “15. Delay, as is well known, at both stages has to be
    explained. The court is required to consider the question having
    regard to the overall picture. We may notice that in Sk. Serajul v.

    State of W.B. [(1975) 2 SCC 78 : 1975 SCC (Cri) 425] this Court
    opined: (SCC p. 80, para 2)
    “There was thus delay at both stages and this delay, unless
    satisfactorily explained, would throw considerable doubt on the
    genuineness of the subjective satisfaction of the District
    Magistrate, Burdwan recited in the order of detention. It would
    be reasonable to assume that if the District Magistrate of
    Burdwan was really and genuinely satisfied after proper
    application of mind to the materials before him that it was
    necessary to detain the petitioner with a view to preventing him
    from acting in a prejudicial manner, he would have acted with
    greater promptitude both in making the order of detention as
    also in securing the arrest of the petitioner, and the petitioner
    would not have been allowed to remain at large for such a long
    period of time to carry on his nefarious activities.”

    (emphasis supplied)

    18. The learned Senior Government Pleader has produced the

    original file. We have perused the materials placed before the

    Advisory Board. The Advisory Board has taken note of the fact

    that the last prejudicial activity is Crime No.1867/2025,

    which is on 24th October, 2025. Detenu was arrested on the

    same day and bail was granted on 31 st December, 2025.

    Thereafter, a proposal was made by District Police Chief,

    Ernakulam Rural, the sponsoring authority on 21 st January,
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    2026. An additional report was filed on 4th March, 2026, which

    is for informing about the filing of the final report in the last

    crime. Another additional report was submitted on 9 th March,

    2026 for filing a bail order. The State Police Chief filed the

    report on 27th February, 2026. Corresponding to the additional

    reports filed by the sponsoring authority, additional reports

    were filed on 17th March, 2026 and 19th March, 2026. The

    Government placed the matter before the Screening

    Committee on 5th March, 2026. The Screening Committee

    recommended detention. Report was received back on 19 th

    March, 2026 and finally the detention order was passed on

    31st March, 2026.

    19. Therefore, the above facts will go to show that there is no

    delay and the live link is not snapped. The time taken is for

    getting necessary reports and the report of the Screening

    Committee.

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    20. Now with regard to the submission that the Sponsoring

    Authority has not produced the order granting bail to the

    detenue in the last prejudicial activity, is incorrect.

    21. The records disclosed would show that all relevant

    documents relied upon by the detaining authority were

    furnished to the detenu at the time of execution of the

    detention order and acknowledgment thereof was obtained

    from him. The Advisory Board has specifically recorded a

    finding that the grounds of detention were definite, proximate

    and free from ambiguity and that the detenu was informed

    with sufficient clarity of the materials which weighed with the

    detaining authority while arriving at its subjective satisfaction.

    Similarly, no materials were produced by the Petitioner herein

    to establish that any relied upon document, including the bail

    order, was not served on the detenu or that such non-service

    had caused prejudice to his constitutional right to make an
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    effective representation. Therefore, the said challenge raised

    by the petitioner cannot be sustained.

    22. It is also evident from a perusal of the detention order that

    the bail conditions imposed in the last prejudicial activity

    upon the detenu were specifically taken note of and duly

    considered by the detaining authority. In fact, the relevant bail

    conditions have been expressly reproduced in the detention

    order itself, demonstrating that the detaining authority was

    fully conscious of the nature and extent of the restrictions

    imposed upon the detenu while granting bail.

    23. Now, moving on to the next contention that the

    proceedings under Section 126 of the BNSS had already been

    initiated against the detenu and that neither the proposal nor

    the detention order discloses any reason as to why such

    measures were considered inadequate, we take note of the

    findings of the Advisory Board that, since the detenu had been

    involved in similar offences earlier, a rowdy history sheet was
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    opened against him on 17th March, 2025, and proceedings

    under Section 126 of the BNSS were also initiated before the

    Sub Divisional Magistrate, Fort Kochi. The pendency of such

    proceedings before the Magistrate cannot operate as a bar to

    invoke the detention proceedings under Section 3(1) of the PIT

    NDPS Act.

    24. Recently a co-ordinate Bench of this Court in Sindhu K v.

    State of Kerala5 considered similar issue and held as follows:

    “9. While considering the contention of the learned
    counsel for the petitioner that proceedings under Section 126
    of the BNSS would have been sufficient to restrain the detenu
    from repeating the criminal activities, first of all, it is to be
    noted that proceedings under Section 126 of the BNSS, and
    action under Section 3(1) of the KAA(P) Act operates in different
    spheres. Under Section 126 of the BNSS, a person is only
    called to furnish security for his good behaviour. On the other
    hand, under Section 3(1) of the KAA(P) Act a person, who is
    having history of criminal activities is detained so as to
    prevent him from repeating criminal activities. Therefore, action
    under the KAA(P) Act is more effective. It is for the detaining
    authority to decide whether action under Section 3(1) of the
    KAA(P) Act is necessary against a person against whom
    already proceedings under Section 126 of the BNSS, have
    been initiated. Proceedings under Section 126 of the BNSS will
    in no way preclude the jurisdictional authority from initiating
    proceedings under KAA(P) Act. However, when a person
    5
    Judgment dated 5th February, 2025 in WP(CRL.) NO. 1372 OF 2024,
    WP (Crl.) No. 875 / 2026

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    against whom Section 126 of the BNSS proceedings is
    pending, the authority passing the detention order shall be
    satisfied that the said proceedings are not sufficient to prevent
    the detenu from repeating criminal activities. In the case in
    hand in the impugned order, it is specifically mentioned that
    there is every prospectus of occurring delay in the completion
    of proceedings under Section 126 of the BNSS and there is
    every chance of detenu getting involved in criminal activities
    during the pendency of the said proceedings. Of course the
    said explanation in the impugned order justifies the present
    detention order passed during the pendency of proceedings
    under Section 126 of the BNSS.”

    (emphasis supplied)

    25. The said principle has been reiterated in Fathima v. State

    of Kerala and Ors.6

    26. From the above discussion, it is evident that the pendency

    or initiation of proceedings under Section 126 of the BNSS

    does not operate as a legal bar to the exercise of powers of

    preventive detention under the PITNDPS Act or the KAA(P)A.

    The measures contemplated in the said statutes operate in

    distinct fields and serve different purposes, one being to

    secure good behaviour under the ordinary criminal law and

    the other being preventive detention aimed at curbing illicit

    6
    [2025/KER/11288 : MANU/KE/0468/2025 : 2025 KHC OnLine 10764]
    WP (Crl.) No. 875 / 2026

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    traffic in narcotic drugs and psychotropic substances of a

    person having criminal antecedents of similar offence.

    Therefore, the contention of the petitioner that the existence of

    proceedings under Section 126 of the BNSS renders the

    detention order unsustainable is devoid of merit and liable to

    be rejected.

    27. We have also taken note of the fact that the detenue had

    violated the stringent bail conditions imposed by the

    competent court in Crime No. 217 of 2025, namely the

    condition that the Petitioner shall not commit an offence

    similar to the offence of which he is accused, or suspected, of

    the commission of which he is suspected. However, the

    detenue had given scant respect to the same and blatantly

    violated the condition and got involved in subsequent crimes.

    From his past criminal activities, as rightly taken note of by

    the detaining authority, it is evident that even if he is released

    on bail with conditions, he is likely to violate those conditions
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    and there is high propensity that the respondent will indulge

    in drug peddling activities in future.

    28. Before we conclude, it is pertinent to refer to Section 6 of

    the PITNDPS Act which reads thus,

    “6. Grounds of detention severable – Where a person has
    been detained in pursuance of an order of detention under
    sub-section (1) of section 3 which has been made on two or
    more grounds, such order of detention shall be deemed to
    have been made separately on each of such grounds and
    accordingly-

    (a) such order shall not be deemed to be invalid or
    inoperative merely because one or some of the grounds is or
    are-

    (i) vague,

    (ii) non-existent,

    (iii) not relevant,

    (iv) not connected or not proximately connected with such
    person, or

    (v) invalid for any other reason whatsoever,

    and it is not therefore possible to hold that the Government
    or officer making such order would have been satisfied as
    provided in sub-section (I) of section 3 with reference to the
    remaining ground or grounds and made the order of
    detention;

    (b) the Government or officer making the order of detention
    shall be deemed to have made the order of detention under
    the said sub-section (I) after being satisfied as provided in
    that sub-section with reference to the remaining ground or
    grounds.”

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    29. The said provision expressly deals with the principle that

    the grounds of detention are severable and that an order of

    detention resting on more than one ground is to be treated as

    having been made separately on each such ground. Thus,

    even if one of the grounds is assumed to be defective for any

    reason whatsoever, the detention order would not

    automatically fail, provided the remaining grounds are capable

    of independently sustaining the subjective satisfaction of the

    detaining authority.

    30. On an overall consideration of the materials placed before

    us, we find that the prejudicial activities relied upon by the

    detaining authority have been duly established; the delay in

    processing the proposal and passing the detention order has

    been satisfactorily explained; all relevant materials were

    furnished to the detenu; the pendency of proceedings under

    Section 126 of the BNSS does not operate as a bar to

    preventive detention under the PITNDPS Act; the bail
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    conditions imposed upon the detenu were specifically

    considered; and no unreasonable delay has been established

    either in passing or in executing the detention order. The

    subjective satisfaction arrived at by the detaining authority is

    based on relevant materials and does not suffer from any

    illegality, arbitrariness or procedural infirmity warranting

    interference in exercise of our jurisdiction under Article 226 of

    the Constitution of India.

    31. Accordingly, we find no reason to interfere with the order

    of detention and the writ petition is dismissed. No order as to

    costs. The report in the sealed cover shall be returned to the

    learned Public Prosecutor forthwith.

    Sd/-

    SOUMEN SEN,
    CHIEF JUSTICE

    Sd/-

    SYAM KUMAR V. M.,
    JUDGE

    ms
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    APPENDIX OF WP(CRL.) NO. 875 OF 2026

    PETITIONER’S EXHIBITS:-

    EXHIBIT P1 TRUE COPY OF THE DETENTION ORDER DATED 31.03.2026 PASSED
    BY THE 2ND RESPONDENT.



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