Court Overturns Detention Order Due to Unexplained Delay - 2024-06-11

Background

The case involves a detenu, Vishnu , who is accused of being involved in three crimes. The latest alleged prejudicial activity was on September 23, 2023, leading to a crime being registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 for an intermediate quantity of a contraband substance. Vishnu was released on bail on January 4, 2024, but the Sponsoring Authority later submitted a report on December 17, 2024, and a detention order was passed on February 20, 2024.

Arguments

The petitioner, who is Vishnu 's wife, argued that there was a delay of more than five months in passing the detention order, which was not properly explained by the Sponsoring Authority. The Sponsoring Authority had initiated proceedings under the Kerala Anti-Social Activities (Prevention) Act, 2007 only after a lapse of three months, despite the alleged offense occurring on September 23, 2023.

Court's Analysis and Reasoning

The court noted that the delay in passing the detention order was not properly explained, and that the live-link between the last prejudicial activity and the date of the detention order was snapped. The court also observed that the Sponsoring Authority had not initiated the proceedings immediately after the commission of the offense on September 23, 2023, and that this delay was not adequately justified.

Decision

Based on the unexplained delay in passing the detention order, the court set the detenu, Vishnu , at liberty, unless his custody is required in connection with any other case under the law.