Kerala High Court on Preventive Detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988

Headnote :

The Kerala High Court upheld the preventive detention of a habitual offender under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act). The Court held that preventive detention, though a drastic measure, is justified when bail conditions fail to deter repeated criminal conduct. Since the detenu had persistently violated bail conditions and was repeatedly involved in NDPS offenses, the detention order was held valid.

Background :

1. The petitioner, wife of the detenu Aboobakkar Sidhik, challenged his detention order dated 04.07.2025, passed under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act) and later confirmed by the Government.
2. The detenu had a history of six criminal cases, including Crime No. 797/2025 (Perumbavoor Police Station) involving possession of 5.102 g of MDMA under Sections 22(b) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
3. The petitioner argued that since the detenu was already on bail with stringent conditions, the detention order was illegal, arbitrary, and unnecessary.

Court’s Observations :

1. Preventive detention is an exceptional measure, but it may be invoked if ordinary bail conditions are insufficient to prevent repeated criminal activities.
2. The detenu had a pattern of violating bail conditions and continuing with illicit trafficking, undermining the efficacy of regular criminal law remedies.
3. The detaining authority had specifically considered the fact of bail and the insufficiency of bail conditions before issuing the detention order.
4. The Court emphasised that preventive detention is warranted only when there are compelling circumstances, which were clearly reflected in this case.
5. The petition was found to be without merit and was dismissed.

Legal Provisions Discussed :

1. Section 3(1), Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act) – Preventive detention of persons engaged in illicit traffic of narcotic drugs and psychotropic substances.
2. Sections 22(b) & 29, Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) – Punishment for possession of psychotropic substances and abetment/conspiracy.
3. Article 226, Constitution of India – High Court’s writ jurisdiction.

Citation: 2025:KER:72733

Case: Smisha P.M. v. State of Kerala & Ors.

Court: High Court of Kerala at Ernakulam

Coram: Dr. Justice A.K. Jayasankaran Nambiar & Justice Jobin Sebastian

Date of Decision: 29 September 2025

Writ Petition (Crl.) No.: 1243 of 2025