Kerala High Court
Deepthi R vs State Of Kerala on 10 June, 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
MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946
WP(CRL.) NO. 335 OF 2024
PETITIONER:
DEEPTHI R, AGED 25 YEARS, W/O VISHNU, LAKSHMI
VILASOM, SREENIVASAPURAM P.O, VARKALA,
THIRUVANANTHAPURAM, PIN - 695 145
BY ADVS.
M.H.HANIS
P.M.JINIMOL
T.N.LEKSHMI SHANKAR
NANCY MOL P.
ANANDHU P.C.
NEETHU.G.NADH
CIYA E.J.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL
CHIEF SECRETARY TO GOVERNMENT, HOME AND
VIGILANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695 001
2 THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 043
3 THE DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM
RURAL, PIN - 695 033
4 THE CHAIRMAN, ADVISORY BOARD, KAAPA, SREENIVAS,
PADAM ROAD, VIVEKANANDA NAGAR, ELAMAKKARA, PIN -
682 026
5 THE SUPERINTENDENT OF JAIL
CENTRAL JAIL, VIYYUR, PIN - 670 004
BY ADVS.
W.P.(Crl.)No.335 of 2024
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ADVOCATE GENERAL OFFICE KERALA
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
ADDL. STATE PUBLIC PROSECUTOR(AG-28)
K.A. ANAS PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY
HEARD ON 10.06.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl.)No.335 of 2024
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JUDGMENT
A. Muhamed Mustaque, J.
The petitioner is the wife of the detenu. The detenu,
namely, Vishnu, is involved in three crimes. The last
prejudicial activity was on 23.09.2023. A crime has been
registered under the Narcotic Drugs and Psychotropic
Substances Act, 1985 for an intermediate quantity of
contraband substance. He was released on bail on
04.01.2024. The Sponsoring Authority submitted its report on
17.12.2024. Thereafter, the detention order was passed on
20.02.2024. There is more than five months delay in passing
the detention order.
2. It is to be noted that the Sponsoring Authority
initiated proceedings under the Kerala Anti-Social Activities
(Prevention) Act, 2007 only after a lapse of three months.
Nothing prevented the Sponsoring Authority from initiating the
proceeding immediately after the commission of the offence on
23.09.2023. Further, we note that the delay has not been
properly explained in the matter.
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3. We had sent the detenu for Clinical counselling as
well as De-addiction therapy as per the order dated
27.03.2024. It appears that the detenu has taken for such
Clinical Counselling as well as De-addiction therapy and a
report of the Secretary, District Legal Services Authority is on
board in that regard.
4. In the light of the fact that the delay has not been
explained properly, we find that the live-link between the last
prejudicial activity and the date of detention order is snapped.
Accordingly, we set the detenu at liberty, if his custody is not
otherwise required in connection with any other case under
law.
This W.P.Crl. is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
PR
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APPENDIX OF WP(CRL.) 335/2024
PETITIONER EXHIBITS
Exhibit -P1 A TRUE COPY OF ORDER NO.
DCTVM/462/2024-S-13 DATED 20.02.2024
OF THE 2ND RESPONDENT
