ARCHA N. RAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) Ext.P1 order passed by the State of Kerala (1st respondent-Detaining Authority) under Sec. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PIT NDPS Act), is under challenge in this writ petition filed under Article 226 of the Constitution of India. As per the above order, the petitioner's husband was ordered to be kept under preventive detention with a view to prevent him from engaging in illicit traffic in narcotic drugs and psychotropic substances.

(2.) The aforesaid order has been passed on the basis of a report of the Sponsoring Authority (District Police Chief, Kottayam - 4th respondent) in respect of the involvement of the petitioner's husband in two narcotic crimes. The aforesaid two crimes relied on by the Sponsoring Authority for recommending the prevention detention of the petitioner's husband, are described in detail in the table given below : <FRM>JUDGEMENT_82_LAWS(KER)9_2024_1.html</FRM>

(3.) The proposal for preventive detention under PIT NDPS Act was submitted before the Government of Kerala by the Sponsoring Authority (4th respondent), as per letters dtd. 16/12/2023 and 12/3/2024. The recommendation letter in the above regard was forwarded to the Government by the State Police Chief on 18/4/2024. The Government examined the proposal and placed the same before the Screening Committee constituted under the Chairmanship of the Law Secretary on 14/6/2024. The Screening Committee, after examining the report and the relevant records, opined that it was a fit case for issuing order of detention under Sec. 3(1) of PIT NDPS Act, 1988. After considering the recommendation of the Screening Committee and the other documents placed before the Government, Ext.P1 order is said to have been passed directing the preventive detention of the petitioner's husband. Ext.P1 order was accordingly executed on 30/7/2024.