Transfer El Salvadorian accused in NCB drug case from jail to temporary detention centre: Kerala High Court

The Kerala High Court recently directed the State government to set up a temporary detention centre to house an El Salvadorian national who was acquitted in a drugs seizure case ( Johny Alexander Duran Sola v. State of Kerala & Ors. )

. Single judge Justice PV Kunhikrishnan issued the order stating that the petitioner cannot be held in prison simply because the Narcotics Control Bureau intends to appeal his acquittal.

" As on today, there is no appeal pending against (the trial court) judgment. In such circumstances, the petitioner cannot be detained in prison, " the Court said.

The Court, therefore, directed the government to set up a temporary detention facility and transfer the petitioner from prison within a period of one month.

Until such time, the Court ordered that the petitioner be housed in prison with the facilities afforded to a Class A prisoner and that he be given all facilities necessary to contact his relatives, without restriction.

. The Court issued the order on a petition moved by the El Salvadorian national, Johny Alexander Duran Sola who had been arrested by the Narcotics Control Bureau (NCB) in 2018 for offences punishable under Sections 8, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The petitioner was tried and acquitted by a trial court but he continued to be detained in prison instead of a temporary detention facility as is necessary before he can be deported to his home country.

The Court had earlier issued an interim order directing the State to provisionally allot to the petitioner, a separate cell and grant the facility of 'A' class prisoner

. Advocate Neharika Hema Raj , appearing for the petitioner, contended the petitioner was denied the benefits of the provisions of the Model Detention Centre Manual which says that

persons housed in the detention centres/ holding centres/ camps should be permitted to meet/ communicate with the family members and no restrictions should be imposed on this account;

the total area required for a detention centre/ holding centre/ camp is to be decided by the State government concerned taking into account the approximate number of foreigners to be accommodated at any given point of time and various amenities to be provided;

apart from the basic facilities, other facilities like covered lobby outside rooms, open area, library, recreational facilities, space for indoor games, space for yoga & meditation and open space for outdoor games etc. is to be provided depending upon availability of space.

. Senior Government Pleader P Narayanan submitted as per the directions of the Court, a temporary detention centre was set up in a rented facility.

However, three persons are already residing at said facility leaving no room for one more to be accommodated there, he said.

The GP also pointed out that as per the order issued by the Bureau of Immigration, detention and restriction of movement is necessary until the petitioner can be deported back to El Salvador

The Central Government Counsel for the NCB also informed the Court that it is going to file an appeal against the order of the trial court acquitting the petitioner and hence his detention was imperative.

. The Court, however, opined that these are not sufficient reasons to detain the petitioner in prison and ordered the government to set up another temporary detention facility within a period of one month.

[Read Order]

Transfer El Salvadorian accused in NCB drug case from jail to temporary detention centre: Kerala High Court

Giti Pratap

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