Divya vs State Of Kerala on 4 August, 2026

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    Soumen Sen, C.J.

    SPONSORED

    This writ petition is filed challenging the order of

    detention dated 8th May, 2026 passed against one

    Ratheesh M.P. (the detenu), under Section 3(1) of the

    Prevention of Illicit Traffic in Narcotic Drugs and

    Psychotropic Substances Act, 1988, [‘PITNDPS’ Act, for

    brevity]. The petitioner herein is the wife of the detenu.

    The said order stands confirmed by the Government, vide

    order dated 3rd July, 2026 and the detenu has been

    ordered to be detained for a period of one year with effect

    from the date of detention.

    2. The records reveal that, on 27th March, 2026, the District

    Police Chief, Malappuram, submitted a proposal to the
    CNR: KLHC010386082026

    2026:KER:59441
    Government seeking initiation of proceedings against the

    detenu under Section 3(1) of the PITNDPS Act. The

    proposal was recommended and forwarded to the

    Government by the State Police Chief vide letter dated 4 th

    April, 2026. Upon receipt of the proposal, the

    Government examined the materials and, on 22nd April,

    2026, referred the matter to the Screening Committee

    constituted under the Chairmanship of the Law

    Secretary for its opinion. The Screening Committee

    considered the proposal in detail and, being satisfied that

    the statutory requirements for preventive detention were

    fulfilled, recommended the detention of the detenu.

    Thereafter, upon consideration of the recommendation

    and the materials placed on record, the Government

    passed the order of detention on 8th May, 2026.



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