SOJI SAM DAVID Vs. STATE OF KERALA

JUDGEMENT

(1.) Sri.Liju Ummen Thomas, husband of the petitioner, was ordered by the 4th respondent as per Ext.P2 order dtd. 29/12/2022 to be detained under Sec. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short "PITNDPS Act"). That order was confirmed as per Ext.P3 order dtd. 25/3/2023 by the Government and detention for a period of one year was ordered. The petitioner challenges the said order as violative of the right and procedural safeguards of the detenue provided under Articles 21 and 22 of the Constitution of India.

(2.) The 1st respondent filed a counter affidavit justifying the orders of detention. It is contended that the detenue was involved in three crimes involving offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act") and there is live and proximate reason for his detention from him indulging in prejudicial activities. The detenue was arrested on 13/9/2021 in connection with crime No.1479 of 2020 of Mavelikkara Police Station and has been in judicial custody. While so, the proceedings was initiated on the report of the Sponsoring Authority (District Police Chief, Alappuzha) and the order of detention was passed without any delay. Accordingly, the 1st respondent seeks to dismiss the Writ Petition.

(3.) Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.