ASTHAF Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner has approached this Court seeking the following prayer:

(2.) BRIEFLY put the facts of the case are as follows. The petitioner is a young man aged 29 years and he is a coolie worker. In the year 2005, the fourth respondent has charged a false case under Section 22(a) of the NDPS Act against the petitioner. The petitioner was informed by the fourth respondent that it is only a petty case and insisted the petitioner to admit the offence. The petitioner admitted the offence before the Magistrate and he was sentenced to pay fine. The petitioner made some arguments with the fourth respondent and his subordinates. Due to that vengeance three more cases were charged against the petitioner. Ext.P1 is the order issued to the petitioner under Sec.15 of the Kerala Anti-Social Activities (Prevention Act), 2007 (hereinafter referred to as 'the Act'), which is dated as 27.11.2010. By Ext.P1, the petitioner is restrained from entering the Wynad District for one year.

(3.) A counter affidavit is filed on behalf of the first respondent, wherein reference is made to the cases under the NDPS Act. It is stated that he is classified as a 'known goonda' and a drug offender as defined in the Act. A report was submitted from the Superintendent of Police to the Inspector General of Police. The Inspector General of Police felt that there is no other legal provisions to prevent the accused from his anti social activities. A temporary order was issued on 3.10.2009 restricting his entry to Wynad district and also notice to offer his explanation was given. The show cause notice was served on the petitioner on 14.10.2009. Since the petitioner did not offer any explanation within the stipulated time, the Inspector General of Police issued Ext.P1 order restricting his entry to Wynad districts for a period of one year.