LIMSIYA ALI Vs. STATE OF KERAL

JUDGEMENT

(1.) This writ petition is directed against an order of detention dtd. 14/8/2025, passed against one Rinshad S/o. Sidhique (herein after referred to as 'detenu), 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 the wife of the detenu.

(2.) The records reveal that a proposal was submitted by the District Police Chief, Idukki, the 3rd respondent, on 19/12/2024, seeking initiation of proceedings against the detenu under Sec. 3(1) of the PITNDPS Act before the jurisdictional authority, the 2nd respondent. On receipt of the said proposal, the Government, after examining the proposal in detail, placed the same before the screening committee constituted under the chairmanship of the Law Secretary. The screening committee, after examining the proposal, observed that as the detenu has been continuing in judicial custody and has not applied for bail, there is no necessity to pass an order of preventive detention under PITNDPS Act. With the aforesaid observation, the screening committee returned the proposal with a direction to resubmit the proposal whenever the detenu applies for bail. Subsequently, on 7/5/2025, the detenu got bail in the case registered with respect to the last prejudicial activity. Hence, the sponsoring authority resubmitted the proposal seeking initiation of proceedings under PITNDPS Act against the detenu, which ultimately resulted in the passing of the impugned order.

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