Basant, J.

1. This petition is filed by the petitioner for a writ of habeas corpus to direct release of her husband, Ramesh(hereinafter referred to as the detenu) who is detained as per an order dated 20/2/2010 passed by the second respondent under Section 3 of the Kerala Anti Social Activities (Prevention) Act (hereinafter referred to as the KAAPA).

2. The impugned order of detention(Ext.P1) was passed by the second respondent on the basis of a report (Ext.P4) submitted by the third respondent to the second respondent under Section 3(1) of the KAAPA. The second respondent in turn had received Ext.P5 report from his subordinate requesting him to initiate action under the KAAPA against the detenu. In execution of Ext.P1 order, the detenu was arrested on 22/2/2010. Order of approval (Ext.P6) under Section 3(3) of the KAPPA and the order of confirmation (Ext.P9) under Section 10(4) of the KAAPA have already been passed. The detenu thus continues in custody from 22/2/2010 and the period of detention authorised under Ext.P9 obliges him to continue in custody till 22/8/2010.

3. The detenu is proceeded against on the allegation that he is a known goonda. He is allegedly an abkari offender – a boot-legger. Reliance is placed, inter alia, on six crimes by the sponsoring and detaining authority. Tabular column given below gives the details of all the six cases which, inter alia, have been registered against the detenu.

Sl.No. Police station and crime Date of seizure Date of final report no. Regn.

Cr.No.382/2009 - Town

south Police Station,

Palakkad u/s.55(a) of the 14 cans of spirit 35 litres Case charge sheeted on each (about 490 litres worth 18.01.10 before JFMC III,

1 Abkari Act, Ramesh 30/07/2009

included in the array of Rs.98,000/-- concealed in the Palakkad (Ramesh arrested on accused on 10.12.099 and vehicle. 05/01/2010)

report submitted to JFMC,

Palakkad.

Cr.No.491/09 - Town 25 cans of illicit spirit

North P.S.Palakkad u/s.55 containing 32 litres each

2 (a) of Abkari Act. 20/10/2009 concealed in vehicle. Ramesh arrested on 31/1/2010

Cr.No.181/06 - Walayar

P.S.Palakkad - Abkari Act

during the course of 350 cans of spirit 35 litres Charge sheeted on 8/1/2010

each (total 12250 litres) (Ramesh formally arrested on

3 investigation Sections 61, 30/7/2006

63 of Abkari Act and 6/8/2008)

Section 120B of I.P.C. added)

Cr..No.263/06 - u/s. 55(a) 340 cans of spirit, 35 litres Charge sheeted on of Abkari Act each (total 11900 ) 28/10/2008. Formally arrested

4 01/10/06 on 31/7/2008.

Sl.No. Police station and crime Date of seizure Date of final report no. Regn.

(i) Cr.No.3/08 of Excise Dept.u/s. 55(a) of abkari Act in connection with the same incident.

(ii) Cr.No.26/08 u/s. 407, 420, 120-B r.w. 34 IPC on the complaint of Assist. Sales Manager, Malabar Cements. (during the course of investigation S.55 Charge sheeted on 18/2/2010

5 (a) of the Abkari Act added) (Both investigated 24/1/2008 8540 litres of spirit by C.I.of police under supervision of S.P.Palakkad-members of Special Investigating Unit under direct control of Illicit Spirit Movement Investigation Team (ISISMIT) (Ramesh included in the array of accused on 25/4/2008 Ramesh arrested on 16/7/2010 Cr.No.663/07 u/s.8(1)(2) 8925 litres of spirit kept in Charge sheeted on 18/2/2010 r/w. S.55(a) of Abkari Act 255 cans each containing 35 6 (Ramesh included in the 19/9/2007 litres concealed under Formally arrested on array of accused on cement bags in lorry. 30/7/2008 5/6/2008.

4. It will be appropriate and apposite straight away to refer to the prior history of the proceedings against the detenu. Earlier, an order of detention dated 31/10/2008 was passed by the second respondent directing the preventive detention of the detenu under Section 3 of the KAAPA. It is submitted that in execution of the said order of detention dated 31/10/2008, the detenu was actually taken into custody on the same day, i.e. 31/10/2008. The detenu continued in custody and the petitioner came before this C