Kerala High Court: Preventive Detention Under PIT-NDPS Act Valid Even If Bail Can Be Cancelled

The Kerala HC upheld a preventive detention order under the PIT-NDPS Act issued against a detenu involved in drug-trafficking offences.

The Court was dealing with a challenge based on the absence of an express finding that the detenu was “likely to be released on bail,” delay in issuing the order, and the availability of bail-cancellation proceedings.

It held that the authority’s satisfaction could be inferred from the order, which noted his custody, antecedents, high propensity to resume trafficking and that even conditional bail would not restrain him. The Court also rejected the delay argument and clarified that preventive detention need not wait for bail cancellation.

The writ petition was dismissed.

[Raju K K v. State of Kerala]