The Kerala High Court has quashed a preventive-detention order after finding that unexplained delay broke the connection between the alleged drug activity and the need for detention.
Judge / Bench — Justices Anil K. Narendran and Muralee Krishna S.; judgment by Justice Muralee Krishna S.
The 8 October 2026 judgment allowed Sajina C.V.’s challenge to her mother Kamarunnisa C.V.’s detention under the PITNDPS Act. Although officials described earlier processing steps, they did not explain the period from 8 September 2025 until the detention order of 17 October 2025. Mere listing of administrative steps was insufficient where liberty was curtailed without trial.
The court rejected a separate challenge based on failure to seek bail cancellation, holding that its necessity depends on the facts. It directed immediate release unless detention was required in another case.
Advocates appearing — Petitioner — Anagha Krishna and Shabnam Kodalil. Respondents — Ratheesh P.R., Central Government Counsel, and Chethan Krishna, Government Pleader.