AALIYA ASHRAF Vs. STATE OF KERALA

JUDGEMENT

(1.) Before us for resolution, is a substantial question - wholly within the realm of the applicable statutes - riddled with a fair degree of forensic dilemma; and governed by apparently conflicting precedents.

(2.) This Bench has been convoked under the orders of the Hon'ble Chief Justice, consequent to a reference made by a learned Full Bench, doubting the correctness of the conclusions and holdings of another learned Full Bench of this Court in Suhana v. State of Kerala [2024 (7) KHC 212]. The reference was, in fact, triggered by a doubt expressed by a learned Division Bench of this Court that Suhana has not laid down the law correctly, when tested on the touchstone of the relevant statutes and provisions.

(3.) In Suhana, the essential question was, if a person found in possession of solely the statutorily defined 'Small Quantity' of a drug or psychotropic substance, under the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short), would render him within the ambit of 'Goonda', under the Kerala Anti-Social Activities (Prevention) Act, 2007 ("KAAPA" for short); with a corollary question posed if such would render that person to be a 'Drug Offender', as again defined under the "KAAPA". The learned Full Bench concluded that it would not be so and hence that the rigour of the "KAAPA" would not apply to such a person.