Point of Law: Detenu will satisfy definitional parameters of “known goonda” as per Section 2(o) read with Section 2(j) of Act.

JUDGMENT :

ALEXANDER THOMAS, J.

1. The prayers in the instant Writ Petition (Criminal) seeking the issuance of Habeas Corpus and quashment, which are involving the challenge against a detention order passed against the detenu under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act (KAAP Act), are as follows:

“(i) To issue a writ of Habeas Corpus or any other appropriate writ, order direction directing the respondents to produce the ‘detenue’ (sic) by name Shamsudheen, aged 46 years S/o Abdul Rahman Karumanchala, Puthunagaram, Palakkad District, before this Honourable Court and set him at liberty.

(ii) To issue a writ of certiorari or any other appropriate writ, order direction quashing Exhibits.P2 and P4 Orders dated passed against the detenue. (sic)

(iii) Any other reliefs which may be prayed for from time to time.”

2. Heard Shri U. Jayakrishnan, the learned counsel appearing for the petitioner and Sri. K.A. Anas, the learned Prosecutor appearing for the respondents.

3. The petitioner herein is the wife of the detenu involved in this case, who has been ordered to be detained under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAP Act).

4. In the instant case, the District Police Chief, Palakkad, has submitted Ext.P1 report dated 25.03.2022, recommending to the 1st respondent-District Collector and District Magistrate, Palakkad (authorised detaining authority) that, in view of the details furnished therein, it is a fit case to issue order, preventively detaining the detenu, under Section 3(1) of the above Act, with a view to prevent him from committing further anti-social activities, as envisaged in Section 2(a) of the above Act. Pursuant thereto, the 1st respondent-detaining authority has, after consideration, issued Ext.P2 detention order dated 17.05.2022, under Section 3(1) of the Act, ordering for the detention of the detenu. The details of the three cases, taken into account by the 1st respondent-detaining authority, in the issuance of Ext.P2 detention order are stated in the said detention order and the same has also been extracted in the counter affidavit of the 2nd respondent (State Government), more particularly in Para 7 thereof on pages 4 and 5 thereof. Since there are no factual disputes regarding the details of the said three cases, the same are extracted from Para 7 on pages 4 and 5 of the counter affidavit of R2, which read as follows:

“(i) Crime No. 975/2020 of Pudunagaram Police Station u/s. 20(b)(ii)(B) of NDPS Act (Date of Occurrence 26.09.2020):

The case was that on 26.09.2020, at Virinjapaadam, 1.1 kg of Ganja was recovered from autorickshaw driven by the detenue (sic). The petitioner is the only accused in the case and was given conditional bail in the case. The case was pending trial before the Hon'ble Sessions Court. Palakkad as SC 172/2021, at the time of issue of detention order.

(ii) Crime No. 701/2021 of Pudunagaram Police Station u/s 20(b)(ii)(A) of NDPS Act (Date of Occurrence: 29.10.2021):

The case was that between 29.10.2021 at 6.30 P.M. at Kaarattukalambu, the detenue was found in possession of 30g of Ganja in his pocket. The petitioner is the only accused in the case and was convicted and sentenced to pay a fine of Rs.5000 under NDPS Act and Rs.2000 under KP Act by the Hon'ble Judicial First Class Magistrate Court, Chittur in CC No. 691/2021.

(iii) Crime No. 40/2022 of Kollengode Police Station u/s 20(b)(ii)B of NDPS Act (Date of Occurrence : 22.01.2022):

The case was that on 22.01.2022, at Bus Stand Road Junction, Kollengode, the detenu and others were trafficking 4.060 kg Ganja on motorcycle for selling it. The petitioner is the second accused in the case and was given conditional bail in the case. The case is under investigation.”

5. Further it appears that, in pursuance to Ext.P2 detention order dated 17.05.2022, report was submitted by the 1st respondent to the 2nd respondent-Government on 17.05.2022. Ext.P2 order was executed by the arrest and detention of