CHANDRIKA M. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the mother of one Baburaj @ Babu ('detenu' for the sake of brevity) and her challenge in this Writ Petition is directed against Ext.P1 order of detention dtd. 23/4/2025 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).

(2.) The records reveal that a proposal was submitted by the District Police Chief, Palakkad, the 5th respondent, on 27/12/2024, seeking initiation of proceedings against the detenu under Sec. 3(1) PITNDPS Act before the jurisdictional authority, the 2nd respondent. Altogether, three cases in which the detenu got involved have been considered by the detaining authority for passing the impugned order of detention. The said order stands confirmed by the Government, vide order dtd. 19/7/2025, after obtaining the opinion of the Advisory Board, and the detenu has been ordered to be detained for a period of one year with effect from the date of detention.

(3.) Altogether, three cases in which the detenu was involved have been considered by the jurisdictional authority for passing the order of detention. Out of the three cases considered, the case registered with respect to the last prejudicial activity is crime No.717/2024 of Shoranur Police Station, alleging the commission of offences punishable under Ss. 20(b)(ii)(B) r/w 8(c) of NDPS Act.