SUNEERA OVUNGAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the wife of Jabir C.P., ('detenu' for the sake of brevity), and her challenge in this Writ Petition is directed against Ext.P2 order of detention dtd. 16/10/2024 passed by the 2nd respondent under Sec. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 ('PITNDPS Act' for brevity). After considering the opinion of the Advisory Board, the said order stands confirmed by the Government vide order dtd. 19/12/2024, and the petitioner's husband has been ordered to be detained for a period of one year with effect from the date of detention.

(2.) The records reveal that a proposal was submitted by the District Police Chief, Malappuram, the 3rd respondent, on 8/5/2024 seeking initiation of proceedings against the petitioner's husband under Sec. 3(1) PITNDPS Act before the jurisdictional authority, the 2nd respondent. Altogether two cases in which the petitioner's husband was involved have been considered by the detaining authority for passing the impugned order of detention and the details of the said cases are given below:- <FRM>JUDGEMENT_84_LAWS(KER)2_2025_1.html</FRM>

(3.) The allegation in the case registered with respect to the last prejudicial activity is that on 6/4/2024 at 11.30 p.m., the accused and his accomplices were found in possession 1.058 kgs. hashish oil in a Toyota Qualis vehicle bearing registration No.KL-10-AP-0695 for the purpose of sale in violation of the provisions of NDPS Act. In the said case, the detenu was arrayed as the 1st accused.