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2009 Supreme(Ker) 558

R.BASANT, M.C.HARI RANI
Ranjini – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:For the Petitioner:M. Rajagopalan Nair, Advocate. For the Respondents: Government Pleader.

Judgment :-

Basant,J.

1) Which Police Officer can make a report to the Government/District Magistrate under Section 3(1) of the Kerala Anti-Social Activities(Prevention) Act, 2007 (hereinafter referred to as the 'KAAPA') ?

2) Can an offence allegedly committed beyond seven years from the date of the order of detention be reckoned to bring a person within the sweep of 'known goonda' under Section 2(p) of the KAAPA?

3) Can an offence allegedly committed, the investigation into which by the police is not finally completed, be taken into reckoning while considering inclusion of a person within the expression known goonda and known rowdy under Section 2(o)(ii) and 2p(iii) of the KAAPA?

4) Is the omission to furnish the document (a further report by the Police Officer under Section 3(1), on the basis of which the requisite satisfaction is entertained under Section 3(1) of the KAAPA, fatal?

2. The petitioner has filed this petition for issue of a writ of habeas corpus to cause the production of her husband Santhosh Kumar,who is detained under Section 3(1) of the Kerala Anti-Social Activities (Prevention)Act, 2007 (hereinafter referred to as the 'KAAPA'), to set aside the order of detention




































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