PREETHA P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the mother of Anantha Krishnan @ Ananthu, ('detenu' for the sake of brevity), and her challenge in this Writ Petition is directed against Ext.P2 order of detention dtd. 1/12/2024 passed by the 2 nd 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. 14/2/2025, and the petitioner's son 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, Alappuzha, the 3rd respondent, on 7/9/2024, seeking initiation of proceedings against the petitioner's son under Sec. 3 (1) of the PITNDPS Act before the jurisdictional authority, the 2nd respondent. Altogether three cases in which the petitioner's son was involved have been considered by the jurisdictional authority for passing the impugned order of detention, and the details of the said cases are given below:-

(3.) The case registered with respect to the last prejudicial activity against the detenu is Crime No.243/2024 of Pattanakkad Police Station. The detenu is arrayed as the 3rd accused in the said case. The allegation in the said case is that on 24/3/2024, the accused Nos. 1 & 2 were found possessing and transporting 40.400 kgs of Ganja in a car bearing registration No.AP-40/AE 6150. It is further alleged that the contraband seized in this case was purchased by the 3rd accused from the 5th accused, and it was the 3rd accused, the detenu who financed the purchase of the contraband by transferring an amount of Rs.81,000.00 from the bank account of his wife to the bank account suggested by the 5th accused through Google pay. There is a further allegation that the vehicle in which the contraband was seized was booked by the 3rd accused through the Zoomcar application.