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HIGH COURT OF KERALA
R.BASANT, M.C.HARI RANI, JJ
VIJAYAN – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT
Basant,J.
The petitioner, husband of the detenu who has been detained by an order passed under Section 3(3) of the Kerala Anti Social Activities Act, 2007(hereinafter referred to as 'the KAAPA') assails the order of detention dated 26-8-2009 and the continued detention of the detenu, his wife in this writ petition. The petitioner prays that a writ of habeas corpus may be issued to cause the production of the detenu, his wife and to set her at liberty.
2. The petitioner's wife Usha, aged 42 years hereinafter referred to as the detenu was involved in five cases, all under the Kerala Abkari Act. Relevant details of the cases are given below:
| Sl. No | Crime No. | Date of offence | Contra- band article | quantity | Offences alleged | Charged by police / Abkari officer | Stage of the proceed ings | Remarks |
| 1 | 24/2005 | 09/08/05 | wash | 3049 ltrs. | S.55(g) of the Kerala Abkari Act | Abkari officers | Final report not filed | Seizure not in the presence of the detenu |
| 2 232/05 | 19/11/05 Arrack | 3 ltrs. | S.8 of the Abkari Act | Police officers | Final report filed | Detenu arrested at spot | ||
| 3 3/2007 | 22/1/07 | Arrack | 10 ltrs. | S.8 '' | Abkari officers | Final report filed | Articles abandoned and detenu allegedly ran away | |
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