MINI JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a proceedings instituted seeking a writ of habeas corpus commanding the respondents to produce the son of the petitioner, Jinu Jose @ Daimon, who is detained as per Ext.P1 order issued under Sec. 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (the Act) and to set him at liberty. Ext.P1 order of detention was issued on 29/10/2024.

(2.) The detenu is involved in eight cases of which the last case is Crime No.21 of 2024 Cherpu Exercise Range Office registered on 18/9/2024 under Ss. 20(b)(ii)(A) and 22(c) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (the NDPS Act). He was arrested on 18/9/2024 and he is in judicial custody ever since the said date. The case being one registered in respect of a commercial quantity of a contraband involved, the rigour under Sec. 37(1)(b) of the NDPS Act applies. The detenu has not preferred any application for bail until now. A proposal for the detention of the detenu was submitted by the competent authority on 9/10/2024 while the detenu was in judicial custody and the order of detention was passed thereupon on 29/10/2024.

(3.) Heard the learned counsel for the petitioner as also the learned Government Pleader.