Swarna Shukla –
Published On: October 24, 2021 at 11:30 IST
The Kerala High Court Ordered that, Detention Centre for Johny Alexander Duran Sola, an El Salvador Citizen who was Accused of smuggling cocaine to the State.
Justice P.V. Kunhikrishnan stated, “The authority concerned should take the necessary steps to see that another temporary Detention Centre is set up immediately. Meanwhile, the Petitioner can continue in the Jail with the facility of an A-class prisoner.”
The foreign national was caught for smuggling 2 kg of cocaine from Kochi airport based on an intelligence input in 2018.
Johny Alexander was Arrested and charged under Section 8(c) read with Sections 21(c), 23(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
After the Trail, he got acquitted by the Ernakulam Sessions Court. However, even after being Acquitted, the Petitioner is in Prison.
Advocate Niharika Hema Raj appearing for the Petitioner argued that he was even denied the benefit of Clause 4.25 of the Model Detention Centre Manual, that allows the person in prison to communicate with his family and no restrictions shall be Imposed on this account.
Senior Government Pleader P. Narayanan responded that as per the directions issued by the Court, a Temporary Detention Centre had been set up at Thrissur. However, there was no vacancy at this Centre at the moment.
The Court noticed that as of date there were no Appeals pending against the Acquittal order of the Trial Court and the argument made by the Respondent of no vacancy at the Detention Centre, was not accepted by the Court.
Therefore, the Court directed that the Authority concerned should take the necessary steps to see that another Temporary Detention Centre is set up immediately.
Also Read: Kerala HC: Quashes Preventive Detention of Gold Smuggling Accussed