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Judgment
A.Muhamed Mustaque, J.
The petitioner is the mother of the detenu, namely, Mr. Dileep Chandran. The detenu already suffered Exts.P3 and P4 detention orders invoking provisions of Kerala Anti-Social Activities (Prevention) Act, 2007 and underwent detention. Ext.P1 is the third detention order. The detention order has been passed relying on a case registered by Ambalamedu Police Station of Ernakulam City for a narcotic offence. A seizure was effected from a lodge and the detenu along with six others were arrested on the spot. The allegation against the detenu is that the contraband was stored for the purpose of sale. The last offence was committed on 06.04.2023. The detenu was also released on bail on 06.06.2023. However, the detention order was passed only on 14.07.2023. There is a delay of more than three months in passing the detention order.
It is to be noted that the sponsoring authority is having all information related to the detenu. This is the solitary crime registered against him after the earlier detention orders. Further, we note that he is one among the seven accused for the last offence. The delay has also not been properly explained.
In such circumstances, we set aside Ext.P1 impugned order. The detenu shall be released forthwith, provided if his custody is not otherwise required under law.
This writ petition is allowed accordingly.