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2024 Supreme(Ker) 156

A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
Ramseena S. W/o Sanooj – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M.H. Hanis, P.M. Jinimol, T.N. Lekshmi Shankar, Nancy Mol P., Anandhu P.C., Neethu G. Nadh, Ciya E.J.
For the Respondent: K.A. Anas.

JUDGMENT :

A. MUHAMED MUSTAQUE, J.

1. This writ of habeas corpus was filed by the petitioner challenging a detention order under Kerala Anti-Social Activities (Prevention) Act, 2007 for short the KAA(P)A. This is the second writ petition challenging the very same order. The earlier writ petition, W.P. (Crl) No. 789/2023 was dismissed by this Court by its judgment dated 13.12.2023.

2. The petitioner is the wife of the detenu. The detenu suffered a previous detention order. Thereafter, he was involved in five crimes. One of the crimes was for keeping possession of a commercial quantity of narcotic substances. This Court, while dismissing the writ petition, noted that the detenu was already on bail for the offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). This Court refused to interfere with the detention order. The present writ petition is filed by canvassing an additional ground that was not canvased in the earlier writ petition. The ground is that detenu was not released on bail as stated before this Court in the earlier writ petition and is continued to be in judicial custody as there was a bar under Section 37 of the NDPS Act.

3. The learned counsel f

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