SMISHA P.M. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is directed against an order of detention dtd. 4/7/2025 passed against one Aboobakkar Sidhik ('detenu' for the sake of brevity), under Sec. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 ( 'PITNDPS Act ' for brevity). The petitioner herein is none other than the wife of the detenu. After considering the opinion of the Advisory Board, the said order stands confirmed by the Government vide order dtd. 20/9/2025, and the detenu 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, Ernakulam Rural, on 17/3/2025, seeking initiation of proceedings against the detenu under the PITNDPS Act before the jurisdictional authority, the 2nd respondent. Altogether, six 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 considered, the case registered with respect to the last prejudicial activity is crime No.797/2025 of Perumbavoor Police Station, alleging the commission of offences punishable under Ss. 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

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