MOBITHA M.M Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a proceedings instituted seeking a writ of habeas corpus commanding the respondents to produce the brother of the petitioner, Mobish, 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 23/11/2024 and the same was confirmed as per Ext.P6 order on 22/1/2025. In terms of Ext.P6 order, the period of detention is for one year.

(2.) Six cases in which the detenu was involved during the last seven years were considered for the purpose of issuing Ext.P1 order. Among the said cases, the last case is Crime No.794 of 2024 registered at Ollur Police Station on 24/8/2024 under Ss. 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The detenu is the first accused in the said case. He was arrested in that case on 24/8/2024 itself and has been in custody since then. It was whilst so, the competent authority made the proposal for his detention under the Act on 22/10/2024. Later, two additional reports were also submitted before the detaining authority by the competent authority which made the proposal on 8/11/2024 and also on 14/11/2024. It is thereafter, on a consideration of the proposal as also the additional reports, the order of detention was issued on 23/11/2024.

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