A larger bench of the Kerala High Court ruled that a person can be declared a ‘goon’ under the Kerala Anti-Social Activities (Prevention) Act (KAAPA) if he is caught with drugs and psychotropic substances more than once, even in quantities classified as ‘small’ under the Narcotic and Psychotropic Substances (NDPS) Act.
Thus, he found the three-judge panel’s finding that mere possession of a small amount of a drug does not make an accused a “drug offender” or “goon” in the absence of material indicating intent to sell to be an incorrect and inappropriate statute. The five-member commission noted that the view that only commercially driven drug activities fall within the purview of a “drug offender” cannot be endorsed.
A bench of Justices Devan Ramachandran, Gopinath P., A. Badharudeen, MB Snehalatha and Jobin Sebastian noted that there seems to be a growing and unacceptable impression these days, especially among young citizens, that they can escape paying a fine if they are caught with a “small quantity” of drugs. “This, no doubt, has led to an apparent tenacious grip on the offending articles (narcotics) in our society.”
Each criminal offense must be viewed with “zero tolerance” and “non-negotiable” and from this point of view it would be desirable, if practically possible, to subject even the first offender detected with a “small amount” of drugs and/or psychotropic substances, if not, at least upon detection of the second offense to a medical examination and mandatory rehabilitation. This would then bring a substantial degree of control over recidivism and subsequent crimes.
The court noted that drug abuse, even in small amounts, posed serious problems for families and society, often leading to catastrophic consequences. In families, substance abuse can cause emotional stress, financial strain, and the breakdown of trust and relationships. At the societal level, it contributes to higher crime rates, worsening public order, threats to public safety, increased health care costs, and loss of productivity, among other harmful effects.
The court also pointed out that drug-addicted individuals face serious limitations in social functioning and can be a burden on society. Drug abuse can also lead to serious psychiatric conditions, disability and even death – whether from accidents or illnesses exacerbated by substance use – as well as increased suicide rates. It warned that even minimal adoption could push society towards irreversible damage.
Published – 01 Apr 2026 23:34 IST
