LALITHA Vs. STATE OF KERALA

JUDGEMENT

(1.) Under challenge in this Writ Petition filed under Article 226 of the Constitution of India is Ext.P2 order issued 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 the sake of brevity). By the impugned order, Mr. Vishnu was ordered to be detained. The said order was confirmed by the Government by Ext.P3 order dtd. 14/2/2025, and the detenu was ordered to be detained for one year with effect from the date of detention.

(2.) A perusal of Ext.P1 proposal and Ext.P2 order of detention would reveal that it is on account of the involvement of the detenu in three cases registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act" for the sake of brevity), that proceeding under the PITNDPS Act was initiated. The details of the crimes in which the detenu got involved are as under:

(3.) Insofar as Crime No. 280 of 2022 is concerned, the case concerned possession of 15 grams of Ganja and 0.23 grams of Methamphetamine. The detenu found guilty and he was imposed a fine of Rs.12,000.00 by the JFCM, Kayamkulam. Insofar as Crime No. 441 of 2022 is concerned, the occurrence was on 22/8/2022, and he was arrested on the same day. He was granted bail by the learned Sessions Judge, Alappuzha on 17/10/2022. The last prejudicial activity is Crime No. 1102 of 2023 registered on 18/7/2023, and the allegation is that the detenu was found in possession of 728.42 gms of Methamphetamine. The detenu was arrested and was remanded 19/7/2023. At the time of passing of the order of detention, the detenu was in custody.