SAJEENA BEEVI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the mother of Aju Mansoor who is detained under Sec. 3(1) of The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (the Act). Ext.P3 is the order issued by the detaining authority under the Act in this regard on 20/6/2023. It is stated that Ext.P3 order has been confirmed by the Government. Ext.P3 order is under challenge in this writ petition(crl).

(2.) The detenu is an accused in two cases registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The first among the cases is O.R. No.13 of 2022 of Varkala Excise Range registered on 25/4/2022 under Sec. 22(b) of the NDPS Act. The detenu was arrested and enlarged on bail in the said case. The second case is Crime No.866 of 2022 of Kilikolloor police station registered on 25/8/2022 under Ss. 20(b)(ii)A, 22(c) and 29 of the NDPS Act. The allegation against the detenu in the latter case is that he was found in possession of 23.630 grams of MDMA and 36.650 grams of Ganja. The detenu was arrested in connection with the said case on 25/8/2022. It was while he was in judicial custody pursuant to his arrest in the said case that the District Police Chief submitted the proposal for detaining him under the Act on 8/10/2022.

(3.) The ground urged by the learned counsel for the petitioner is that there is unreasonable delay between the last prejudicial activity and the order of detention and therefore, it has to be presumed that the live and proximate link between the prejudicial activity and the purpose of detention is snapped.