SHIHABUDHEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) An order of detention dtd. 31/8/2025, passed against one Shamsudheen, S/o. Kunhikoya (detenu), under Sec. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 ( 'PITNDPS Act' for brevity) is under challenge in this writ petition. The petitioner herein is the brother of the detenu.

(2.) As evident from the records, it was on the basis of a proposal dtd. 9/5/2025, forwarded by the Deputy Excise Commissioner, Malappuram, the jurisdictional authority, the 2nd respondent, initiated proceedings against the detenu under Sec. 3 (1) of the PITNDPS Act. Altogether three cases in which the detenu got involved have been considered by the jurisdictional authority while passing the order of detention. Out of the said cases, the case registered with respect to the last prejudicial activity is Crime No.17/2025 of Manjeri Excise Range Office, alleging commission of offence punishable under Sec. 22(b) of the NDPS Act. The allegation in the said case is that on 13/3/2025, the detenu was found possessing 9.071 gms of methamphetamine in contravention of the provisions contained under the NDPS Act.

(3.) We heard Sri.P.Mohamed Sabah, the learned counsel appearing for the petitioner, and Sri. K.A.Anas, the learned Government Pleader.