ANISHA SANTHOSH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the wife of Vinu T. S., ('detenu' for the sake of brevity), and her challenge in this Writ Petition is directed against Ext.P2 order of detention dated 28.03.2025 passed by the 2nd respondent under Section 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 dated 12.06.2025, and the detenu has been ordered to be detained for a period of one year with effect from the date of detention.

(2.) As evident from the records, it was on the basis of a proposal dated 04.01.2025, forwarded by the Deputy Commissioner of Police, Kochi City, the jurisdictional authority, the 3rd respondent, initiated proceedings against the detenu under Section 3(1) of the PITNDPS Act. The case registered against the detenu with respect to the last prejudicial activity is Crime No.2264/2024 of Angamaly Police Station, alleging commission of offences punishable under Sections 22(c) and 29 of the NDPS Act. The allegation in the said case is that on 18.10.2024, the detenu, who is arrayed as the 1st accused in the said case, was found possessing and transporting 321.8 gms of MDMA and 8.4 gms of MDMA pills, in contravention of the provisions of the NDPS Act.

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