Kerala High Court
Ayisha vs The State Of Kerala on 6 February, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(CRL.) NO. 1147 OF 2023
CRIME NO.525/2020 OF MALAPPURAM POLICE STATION, MALAPPURAM
------
PETITIONER:
AYISHA, AGED 55 YEARS,
W/O.ALAVI, ASHARITHODI HOUSE, KALLANKANDI, PULIYAMPARAMBU, KARIPPUR
P.O., MALAPPURAM DISTRICT, PIN - 673647.
BY ADV.K.RAKESH
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
2 THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
3 THE SUPERINTENDENT OF POLICE,
CENTRAL PRISON, POOJAPURA, THIRUVANANTHAPURAM, PIN - 695012.
4 THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF, UPHILL, MALAPPURAM, PIN - 676505.
BY PUBLIC PROSECUTOR, SRI.K.A.ANAS
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05.02.2024, THE COURT ON
06.02.2024 DELIVERED THE FOLLOWING:
WP(CRL).No.1147/2023
-:2:-
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
-----------------------------------------
W.P.(Crl).No.1147/2023
-----------------------------------------
Dated this the 6th day of February, 2024
JUDGMENT
A.Muhamed Mustaque, J.
The petitioner is the mother of the detenu. The detention
order in this matter was passed on 8/3/2023 invoking Section
3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, Act 1988 (for short, 'PITNDPS Act').
2. The detenu was involved in several crimes including
NDPS cases. For the purpose of detention order, 5 cases were
considered which are as follows:
SI. Crime No Police station Offences Date of Report U/S Present status of the
No. Involved occurrence 173(2) CrPC case
under
section
1 Cr.No. Malappuram U/s 24.09.2020 12.03.2021 Case under trial in
525/2020 police station 20(b)ii(c),2 Hon'ble SC/ST (poa)
7(A)29 of court and NDPS Act
NDPS Act cases, Manjeri as SC
2. Cr.No. Madugula U/s 03.09.2018 Case under trial in
36/18 Police Station 20(b)ii(c), Hon'ble Metropolitan
Andra Pradesh r/w 8(c)of Sessions Judge
NDPS Act Visakhapatanam as
3. Or.No Anti-Narcotic U/s 23.08.2017 18.12.2017 Fined Rs.3,000/- by
09/2017 Wing , 20(b)ii(A) of JFCM court
Malappuram NDPS Malappuram as CC
4. Or.No. Excise U/s 17.06.2018 Case under Trial in
42/2018 Enforcement 20(b)ii(B)of Hon'ble SC/ST(POA)
and Anti NDPS Act and NDPS Act cases,
Narcotic wing, Manjeri as SC
5. Cr.No. Kondotty Police U/s 21(A)of 13.11.2020 Case under trial in
728/2020 Station NDPS Act Hon'ble JFCM
Malappuram as CC
3. The last prejudicial activity was on
13/11/2020. Thereafter, a proposal was initiated under PITNDPS
Act in the year 2022. The representation submitted by the detenu
as against the proposal was also rejected. Detention order was
passed on 8/3/2023. There is a considerable delay in initiating
proceedings under the Act. The purpose of the detention order is
to prevent repetition of the offences. Delay in this case is
fatal as more than two years lapsed to initiate proceedings under
PITNDPS Act. Absolutely no reasons have been stated for such a
huge delay occasioned to pass the order. We are of the view
that the impugned order has to be set aside. Accordingly, the
impugned order is set aside.
The writ petition (criminal) is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE
ms
APPENDIX OF WP(CRL.) 1147/2023
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 8-3-2023 PASSED
BY THE 1ST RESPONDENT AS NO.HOME-
SSA1/587/2022-HOME.
EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED 1-4-
2023 SUBMITTED BY THE DETENUE BEFORE THE
CENTRAL GOVERNMENT.
EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 24-4-2023
ISSUED BY THE 1ST RESPONDENT AS NO.HOME-
S.S.A1/587/2022.
