LAWS(KER)-2023-11-164

KRISHNAPRIYA Vs. STATE OF KERALA

Decided On November 24, 2023
KRISHNAPRIYA Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) 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 13/6/2023 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 Ss. 4 and 6 of the KAAPA Act r/w other provisions of the Code of Criminal Procedure.

(3.) Sec. of 4 of the KAAPA Act states as follows: