Fathima Thasmiya vs State Of Kerala

A.Muhamed Mustaque, J.

The petitioner is the wife of the detenu. The detention order is produced as an additional document along with I.A.No.1/2024. Ext.P5 is the detention order dated 7/10/2023. The detenu is involved in 11 cases. Most of the cases registered against him are for the offence of theft. It seems he had cut and removed sandalwood from revenue land and private properties. Two of the offences are under the NDPS Act. The last prejudicial activity was on 14/7/2023. It is to be noted that out of 11 cases, excluding one, all other cases are registered at Sulthan Bathery Police Station; the remaining one is registered at Ambalavayal Police Station. Both police stations are within the District of Wayanad. The sponsoring authority submitted its report on 23/8/2023 only. The detenu was arrested and released on bail on same day that is, on 25/7/2023. There was considerable delay on the part of the sponsoring authority to report before the detention authority. It seems that the entire records are available with the Commissioner of Police. The substantial number of crimes committed are within the purview of Sulthan Bathery Police Station. The sponsoring authority must be prompt enough to initiate proceedings. We also note that the nature of the offence related to the last prejudicial activity is a case registered under Section 324 IPC. The previous offence was committed on 2/5/2023. That means, the sponsoring authority was not prompt and agile in initiating the proceedings. The delay has not been properly explained in the detention order. The livelink between the last prejudicial activity and the detention order has been snapped. Therefore, the detention order is set aside. The detenu is set at liberty, if not otherwise required under law for any other case.

The writ petition (criminal) is disposed of as above.