SHIFNA K. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the wife of the detenu, Sri. Rashid K.K., challenging Exhibit P1 detention order dtd. 21/2/2026 passed by the Additional Chief Secretary, Home (SSC) Department, Government of Kerala, in exercise of the power conferred under Sec. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 ('PITNDPS Act', for short). The detention order was executed on 25 th February, 2026 and the detenu is presently confined in the Central Prison and Correctional Home, Thiruvananthapuram.

(2.) The process leading to the issuance of the detention order (Exhibit-P1) commenced with the proposal for preventive detention submitted by the Deputy Excise Commissioner, Kannur, who, in his capacity as the Sponsoring Authority, forwarded a report dtd. 17/12/2025 to the Government recommending action under Sec. 3(1) of the PITNDPS Act. The proposal was thereafter scrutinized by the departmental authorities and on 23 rd January, 2026, the Excise Commissioner, Thiruvananthapuram, after routing the file through the Joint Commissioner of Excise, North Zone, and the Additional Excise Commissioner (Enforcement), recommended the proposal and forwarded the same to the Government. The matter was then placed before the Screening Committee, which considered the proposal on 3/2/2026 and the report of the Screening Committee was forwarded to the Government on 13/2/2026. Thereafter, upon purported consideration of the materials available on record and the recommendations made by the competent authorities, the Government issued the detention order on 21/2/2026.

(3.) The detention order was executed on 25/2/2026. The detenu was furnished with the grounds of detention at the time of execution under Sec. 3(3) of the PITNDPS Act. Thereafter, the matter was referred to the Advisory Board on 12/3/2026 and the authorised officer submitted report under Sec. 3 of the PITNDPS Act on 17/3/2026. On 18/3/2026, the detenu was informed of the receipt of the reference and was requested to submit his representation, if any. He was also informed of the date fixed for the personal hearing. On the same day, the Deputy Excise Commissioner, Kannur, and the Additional Chief Secretary(ACS), Home Department, were informed of the receipt of the reference and were requested to furnish their submissions/remarks, if any, before the date of personal hearing. The personal hearing was conducted through Google Meet on 26/3/2026.