ASLAHA V. K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The wife of the detenu has filed this petition challenging Ext.P1 detention order dtd. 21/5/2024 of the District Magistrate, Palakkad, directing the preventive detention of the petitioner's husband under Sec. 3(1) of the Kerala Anti-Social Activities Prevention Act [for short 'KAA(P)A].

(2.) Ext.P1 order would reveal that the Detaining Authority took into account the recommendations dtd. 11/1/2024, 11/4/2024 and 3/5/2024 of the District Police Chief, Palakkad for arriving at the finding that the detenu comes under the definition of 'known goonda". The above recommendations were in respect of six cases registered against the detenu, among which four related to NDPS offences. In one case, that is, Crime No.24/2022 of Thrithala Excise Range, the detenu is said to have pleaded guilty in respect of the offence under Sec. 20(b)(ii)(A) of the NDPS Act and suffered a sentence of fine of Rs.4,000.00 on 9/12/2023. The last prejudicial activity attributed to the detenu is in respect of Crime No.34/2024 of the Chalissery Police Station for the commission of offence under Sec. 341, 323, 294(b) and Sec. 392 I.P.C. The date of commission of the said offence was on 18/1/2024, and the detenu was arrested and remanded to judicial custody on 20/1/2024. On 19/2/2024, he is said to have been released on bail.

(3.) In Ext.P1 order, the Detaining Authority would state that the Sponsoring Authority submitted additional report about the Crime No.34/2024 of Chalissery Police Station along with the records showing the involvement of the detenu only on 3/5/2024 and that there occurred a slight delay in passing the detention order since it was necessary to meticulously scrutinize the relevant records.