SINDHU Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition (criminal) is filed under Article 226 of the Constitution of India by the wife of Sri. Jayan, aged 50 years, Son of Gopalakrishnan Nair ('detenue' for short), who is detained in central prison, Poojappura, Thiruvananthapuram, by virtue of Ext.P1 order dtd. 26/4/2026 of the Authorised officer under Sec. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 ('PITNDPS Act' for short), which was confirmed by Ext.P2 order dtd. 22/6/2026 of the 2nd respondent, seeking a writ of certiorari to quash those orders. The petitioner has also sought a writ of habeas corpus commanding the respondents to produce the detenue, and set him at liberty forthwith, contending that his detention in the central jail is illegal.

(2.) The pleadings and materials produced in the writ petition would show that for ordering preventive detention of the detenue, the authorities considered three cases of offences concerning possession and transportation of Ganja in which the detenue was involved. The last prejudicial activity was Crime No.1178 of 2025 of Vattiyoorkavu Police Station in which 2.005 Kgs of Ganja was allegedly recovered from the vehicle driven by the detenue on 23/12/2025. In that crime, the investigation was completed, and the final report was filed on 16/2/2026. The detenue was enlarged on bail on 27/2/2026, imposing conditions. The proposal for preventive detention was initiated by the sponsoring authority on 28/2/2026, that is, the Deputy Commissioner of Police (L and O), Thiruvananthapuram City. The State Police Chief, upon scrutiny, returned that proposal since certain documents attached with the proposal were not legible. The proposal was then resubmitted on 18/3/2026 with legible copies. The State Police Chief forwarded it to the Government on 22/3/2026, and the bail order was additionally forwarded on 26/3/2026. The Government placed the proposal before the screening committee, and it was considered by the screening committee on 27/3/2026. Thereafter, the Government, by Ext.P1 order dtd. 26/4/2026 under Sec. 3(1) of the PITNDPS Act, ordered the detenue to be detained and kept in custody in central prison, Thiruvananthapuram. On 27/4/2026, Ext.P1 detention order with report was forwarded to the Central Government under Sec. 3(2) of the PITNDPS Act. The detention order was executed on 5/5/2026, and the case was referred to the Advisory Board on 20/5/2026. The Advisory Board heard the detenue and the sponsoring authority on 10/6/2026. On 19/6/2026, the Advisory Board reported to the Government that there is sufficient cause in existence for continuing the detention. Then, by Ext.P2 order dtd. 22/6/2026, Government confirmed the preventive detention under Sec. 9(f) of the PITNDPS Act and ordered to continue the same for one year from the date of detention under Sec. 11 of the PITNDPS Act.

(3.) On behalf of the 1st respondent, a counter affidavit dtd. 7/7/2026 is filed, opposing the contentions in the writ petition. Similarly, on behalf of the 2nd respondent, a counter affidavit dtd. 18/7/2026 is filed in a similar line as that of the counter affidavit of the 1st respondent.