Raja Vijayaraghavan, J.

This writ petition filed with a prayer to issue a Writ of Habeas Corpus under Article 226 of the Constitution of India has been filed by the petitioner herein to direct the production of his brother Ashkar, (hereinafter referred to as 'the detenu') who is detained in custody pursuant to an order passed under Section 3 of the Kerala Anti Social Activities (Prevention) Act, 2007 (referred to as "KAAPA" for brevity) before this Court and to release him from detention.

2. The detenu, Ashkar, was allegedly involved in 7 criminal cases all of which are pending trial. Taking note of his penchant to disturb public peace and to prevent him from perpetrating anti-social activities, a request was submitted before the 3rd respondent by the Station House Officer, Thrissur West Police Station with the prayer to invoke the provisions of the KAAPA against the detenu. The 3rd respondent submitted a report dated 03/08/2016 before the 2nd respondent. The 2nd respondent thereupon issued an order of detention dated 09/09/2016 under Section 3 of the KAAPA. The detenu was arrested on 13/10/2016. The order of detention passed by the 2nd respondent was approved by the Government on 22/10/2016. Based on the reference by the Government, the Advisory Board gave opinion that there are sufficient cause for the detention of the detenu. The Government by order dated 24/11/2016 has confirmed the order of detention accepting the opinion of the Advisory Board.

3. The chart herein below gives the details of the cases, in which the detenu was involved.

Sl.No.	Crime No.	Police Station	Offences U/ss report u/s 173(2) Cr.P.C	Date of occurrence	Date of Final
1	07/2011	Kozhinjampara	143, 147, 148, 341, 302, 120(b) r/w 149 IPC & Section 3 of Explosive Substances Act and 27 of Arms Act	02-01-11	14-05-2015
2	2235/2012	Thrissur East	392 IPC 12-10-12	23-02-13
3	227/2014	Thrissur West	20(b)(ii)A of NDPS Act	01-02-14	15-12-14
4	775/2015	Thrissur West	27(b) of NDPS Act	14-05-15	02-06-15
5	1080/2016	Thrissur West	20(b)(ii) A of NDPS Act	01-05-16	20-06-16
6	1517/2014	Peechi	20(b)(ii) A of NDPS Act	02-10-14	31-10-14
7	7251/2008	Pudukkad	399 IPC & Section 20 r/w 27 of Arms Act	02-05-2008	20-10-2008

4. We have heard Sri Hanis M.H., the learned Counsel appearing for the petitioner and the learned Government Pleader.

5. The petitioner has advanced the following submissions to contend that the order of detention is illegal and opposed to all tenets of law.

(a) The detention order has been passed about 4 months after the last prejudicial activity. According to the learned counsel, the live link has snapped and the detention order is vitiated. Reliance was placed on Jimesh Jose v. State of Kerala [2013 (1) KHC 49] to buttress his argument.

(b) There is unexplained and inordinate delay in executing the order of detention. Though Exhibit P1 order was passed on 09/09/2016, the same was executed only on 13/10/2016. No proceeding was initiated under section 6 of the Act to explain the delay.

(c) Crimes which are referred as item numbers 3, 4, 5 and 6 in the order of detention are those registered under the Narcotic Drugs and Psychotropic Substances Act, 1985. These cases have also been considered for categorizing the detenu as a "known goonda". However, the allegations in the Crime only relates to possession and use of Narcotic Drugs which will not come within the ambit of Section 2(i) or 2(o) of the KAAPA and consequently, the question of bringing the petitioner within the four corners of Section 2(o)(ii) of the KAAPA will not arise.

(d) The cases on the basis of which detention order was issued are all registered by the police. For that reason, the conclusion arrived at by the authority is that the detenu is a "known goonda" as defined u