Kerala High Court
Khadeejathu Rabiya P.A vs State Of Kerala on 16 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
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
WP(CRL.) NO. 87 OF 2024
PETITIONER/S:
KHADEEJATHU RABIYA P.A
AGED 36 YEARS
W/O AHAMMED SHERIF P.A, THOTTATHIL HOUSE, NEAR
MARTHOMA SCHOOL, MUTTATHODI GRAMAM, KASARGODE
DISTRICT, PIN - 671541
BY ADVS.
M.H.HANIS
P.M.JINIMOL
T.N.LEKSHMI SHANKAR
NANCY MOL P.
ANANDHU P.C.
NEETHU.G.NADH
CIYA E.J.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT, HOME AND VIGILANCE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN
- 695001
2 THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE,
KASARGODE DISTRICT, PIN - 671123
3 THE DISTRICT POLICE CHIEF
KASARGODE, PIN - 671123
WP(CRL.) NO. 87 OF 2024
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4 THE CHAIRMAN
ADVISORY BOARD, KAAPA, SREENIVAS, PADAM ROAD,
VIVEKANANDA NAGAR, ELAMAKKARA, PIN - 682026
5 THE SUPERINTENDENT OF JAIL
CENTRAL JAIL, VIYYUR, PIN - 670004
BY ADVS.
SRI.K.A.ANAS, PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
ADDL. STATE PUBLIC PROSECUTOR(AG-28)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 16.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(CRL.) NO. 87 OF 2024
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JUDGMENT
A. MUHAMED MUSTAQUE, J.
This habeas corpus petition is filed by the wife of the
detenu.
2. The detenu is involved in three crimes. All crimes are
registered under the Narcotic Drugs and Psychotropic
Substances Act, 1985 ("NDPS" for short). The first crime
was committed in the year 2022 and the case was
registered on 18.08.2022. Thereafter, he was again
involved in two crimes under the NDPS Act on 10.02.2023
and 12.09.2023. All these cases were registered for
possession of intermediate quantity of contraband. The
sponsoring authority submitted a report on 25.10.2023.
The detention authority passed the order on 24.11.2023.
The detenu is only 40 years old. Though there is a delay of
two months in passing the impugned detention order from
the date of last prejudicial activity, that has been
explained in the detention order.
3. The very objective of the detention order is to prevent
commission of offences as the detenu continued to be a
WP(CRL.) NO. 87 OF 2024
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threat to the society. In all these cases, we see that the
detenu is alleged to have been caught red handed with
the possession of the contraband. In the last crime
registered against him, he was found to be in possession
of contraband in a car. The police was of the view that the
contraband found in the possession of the detenu was for
sale and therefore, the detenu is a threat to the society.
4. We note the circumstances leading to the detention order.
The enquiry did not lead to the conclusion that the
contraband found in possession of the detenu was for
sale. The conclusion in the detention order was based on
the fact that he was in possession of intermediate quantity
of contraband. The sponsoring authority also suspects
that he is a link between the drug mafia and the persons
engaged in the sale of drugs. However, nothing has been
brought out to prove that he is a link and nothing is
discernible from the overall circumstances that he will be
a threat to the society. There must be materials on record
to prove that the person detained would be a threat if he
is not prevented therefrom through a detention order. We,
in the absence of such materials, of the view that the
WP(CRL.) NO. 87 OF 2024
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impugned order has to be set aside.
5. We passed an order on 22.01.2024, directing the
Superintendent of the Central Prison to give the detenu
de-addiction treatment. On the last occasion, we directed
to produce the detenu before this Court. Today, the
detenu is present before us. After interaction, we are of
the view that he shall report before the District Legal
Service Authority (DLSA), Kasaragod every Tuesday and
the DLSA shall facilitate the detenu to undergo de-
addiction treatment and file a report before this Court
after one month.
The WP(Crl) is allowed accordingly. The impugned
detention order is set aside. The detenu is set at liberty
forthwith.
Sd/-
A. MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
WP(CRL.) NO. 87 OF 2024
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APPENDIX OF WP(CRL.) 87/2024
PETITIONER EXHIBITS
Exhibit -P1 A TRUE COPY OF THE ORDER
NO.DCKSGD/10415/2023/D-1(1) DATED
24.11.2023 OF THE 2ND RESPONDENT
Exhibit -P2 A TRUE COPY OF THE MARRIAGE
CERTIFICATE OF THE DETENU
Exhibit -P3 A TRUE COPY OF THE BAIL ORDER DATED
13.11.2023 IN CRIMINAL.M.C.NO. 201 OF
2023 THE COURT OF SESSION, KASARAGOD
DIVISION
