KAMALAKARAN P.N. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is directed against an order of detention dtd. 18/6/2025 passed against one Abhinav P. N., S/o. Kamalakaran ('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 none other than the father of the detenu.

(2.) The records reveal that a proposal was submitted by the Deputy Commissioner of Police, Kozhikode City, the 3rd respondent, on 24/3/2025, seeking initiation of proceedings against the detenu under Sec. 3(1) of the PITNDPS Act before the jurisdictional authority, the 2nd 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.) Out of the two cases considered, the case registered with respect to the last prejudicial activity against the detenu is Crime No.56/2025 of Kunnamanagalam Police Station, registered alleging commission of offences punishable under Ss. 22(c) and 29 of NDPS Act. The detenu is arrayed as the 2nd accused in the said case. The allegation in the said case is that on 21/1/2025, the accused, along with the 1st accused, were found possessing and transporting 221.89 gms of MDMA inside an almirah kept in room No.208 of Hotel V.R. Residency at Kunnamanagalam for the purpose of sale in violation of the provisions of the NDPS Act.