Kerala High Court Upholds Preventive Detention in Narcotic Case
Court Dismisses Petition Challenging Detention Order, Citing No Unreasonable Delay and Insufficient Bail Conditions
Thiruvananthapuram, September 16, 2025: In a significant ruling, the Kerala High Court, comprising Justices Dr. A.K. Jayasankaran Nambiar and Jobin Sebastian, upheld the preventive detention order against Swathy Krishna, accused of narcotic drug peddling, under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act). The court dismissed the writ petition filed by Rema V S challenging the detention order, asserting that the procedural requirements were met and the bail conditions were inadequate to prevent further offenses.
The preventive detention order was passed on July 31, 2025, following a proposal by the District Police Chief, Ernakulam Rural, based on recurrent involvement in drug-related cases, including the possession and transportation of MDMA. The petitioner argued that the detention order suffered from undue delay and improper consideration of facts, which snapped the live link between the prejudicial activities and the purpose of detention.
However, the court observed that the order was based on credible materials and objective satisfaction. It highlighted that the detenu was in judicial custody when the proposal was initiated, minimizing the risk of repeating criminal activities. The court drew on the precedent set by the Supreme Court in T.A. Abdul Rahman v. State of Kerala, emphasizing that the proximity test depends on the facts and circumstances of each case, not merely the time elapsed.
The judgment clarified that while the preventive detention impacts fundamental rights, it is justifiable when ordinary criminal law fails to deter criminal activities effectively. The court noted that the bail conditions were deemed insufficient by the jurisdictional authority, given the detenu's past violations and propensity for drug peddling. The authority's decision to detain was based on a detailed assessment that highlighted the inadequacy of the bail conditions.
In conclusion, the Kerala High Court's decision reinforces the importance of preventive detention in combating illicit drug trafficking, ensuring that procedural safeguards are balanced with public safety concerns. The dismissal of the writ petition underscores the judiciary's role in scrutinizing detention orders while respecting the jurisdictional authority's discretion in preventive actions.
This judgment has significant implications for the enforcement of drug-related laws in Kerala, setting a precedent for future cases involving preventive detention under the PITNDPS Act.
Rema V S v. State of Kerala, (Kerala)(DB) : Law Finder Doc Id # 2779825
