AFNAN P. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is directed against an order of detention dtd. 4/4/2025 passed against one Afnas N.P., S/o Assainar ('detenu' for the sake of brevity), 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 sister of the detenu. After considering the opinion of the Advisory Board, the said order stands confirmed by the Government vide order dtd. 9/6/2025, and the detenu 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 Commissioner of Police, Kozhikode City, the 2nd respondent, on 31/12/2024, seeking initiation of proceedings against the detenu under Sec. 3(1) of the PITNDPS Act before the jurisdictional authority, the 1st respondent. Altogether, two cases in which the detenu was involved have been considered by the jurisdictional authority for passing the impugned order of detention.

(3.) Both the cases considered by the jurisdictional authority were registered on 11/4/2024 at different times. Technically, the case registered with respect to the last prejudicial activity is Crime No.321/2024 of Chevayur Police Station, alleging commission of an offence punishable under Sec. 22(c) of the NDPS Act. The allegation in the said case is that on 11/4/2024 at 2.25 p.m, the detenu was found possessing 110.750 gm of MDMA and 0.730 g of LSD stamps for the purpose of sale in contravention of the provisions contained under the NDPS Act.