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Judgment
6 paragraphs · 258 wordsA. 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.
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.
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.
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.