JUDGMENT :

A. Muhamed Mustaque, J

The short point that arises in this case is to the legality of execution of the detention order issued, invoking the provisions under the Kerala Anti-Social Activities (Prevention) Act, 2007 (for short “KAAPA Act”). The detention order was passed on 14.11.2022. The detenu appears to be absconding. He appeared before the Panoor Police Station on 13.06.2023 and thereafter, he was detained. The point to be considered is that the delay in execution of the detention order would snap the live-link between the last prejudicial activity and the order of detention.

2. The relevant provisions required to be considered in this matter are Sections 4 and 6 of the KAAPA Act r/w other provisions of the Code of Criminal Procedure.

3. Section of 4 of the KAAPA Act states as follows:

“Execution of detention orders. - A detention order may be executed at any place in the State of Kerala in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).”

4. Section 6 of the KAAPA Act states as follows:

“Powers in relation to absconding persons. –

(1) If the Government or an officer authorised mentioned in sub-se