ALEEMA Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition(Crl) is instituted seeking a writ of habeas corpus directing the respondents to produce the son of the petitioner, Abdul Safwan, who is detained in terms of Ext.P1 order issued under Sec. 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (the Act) and to set him at liberty. The petitioner seeks the relief aforesaid on the premise that the detention of the son of the petitioner is otherwise than in accordance with the Act.

(2.) Ext.P1 order proceeds on the premise that the son of the petitioner is a "drug-offender" as defined under Sec. 2(i) of the Act and since he is a drug-offender, he is a "goonda" in terms of Sec. 2(j) of the Act also and inasmuch as the son of the petitioner is found to have committed the requisite number of acts within the meaning of the term "goonda", he is liable to be regarded as a "known goonda" as defined under Sec. 2(o) of the Act and that he needs to be detained under the Act to prevent him from committing anti- social activities.

(3.) The prejudicial activities attributed to the son of the petitioner are his involvement in seven cases registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The following are the cases: