AMMINI JOSE Vs. GOVT OF KERALA

JUDGEMENT

(1.) Petitioner's husband is under detention now pursuant to a detention order passed by the Government of Kerala under S.3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic substances Act, 1988 (for short the Act) on 19-7-1993. Petitioner's husband (hereinafter referred to as the detenu) was taken into custody on 27-7-1993, but he escaped from it on 29-12-1993. However, the authorities nabbed him again and he is now in detention. It appears that the representation made by the detenu was rejected by the Government. Now his wife has filed this Original Petition for a writ of habeas corpus on the ground that the detention is unlawful.

(2.) The following is the short summary of the facts which led to the detention order:

(3.) Mainly three points have been urged by the learned counsel for the petitioner for establishing his case that detention of the detenu is unlawful. They are: