“Won't Tolerate NDPS Violations”: Kerala HC Examines If Repeated Drug Possession Amounts To 'Stocking', Attracts 'Goonda' Tag Under KAAPA

A five-judge Full Bench comprising Justice Devan Ramachandran, Justice P Gopinath, Justice A Badharudeen, Justice MB Snehalatha, and Justice Jobin Sebastian were considering a reference to examine the ratio in Suhana v State of Kerala [2024 (6) KLT 371].

A Full Bench in Suhana v State of Kerala held that “stocking” would encompass possession; while “possession” cannot necessarily imply stocking.

The issue to be considered is on the fact that the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA Act), while defining the word “drug-offender” in Section 2(i), uses the word “stocks”, inter alia with others; while, the Narcotic Drugs and Psychotropic Substances Act, 1985, brings it to its fold even possession of drugs to make it an offence.

In the reference order, the Court has observed that there are two possible views on the question whether “stocking” would construe only large quantities, or whether the offending act must concurrently qualify the concepts of “anti-social activity” and “drug-offender” in order to satisfy the definition of “goonda” deserves reconsideration.

During the hearing the Court said:

“We will have to send a message to the society also that the High Court of Kerala will not tolerate violation of the NDPS Act… Every violation of the NDPS Act will have to be taken extremely seriously...”

It further went on to question as to what would it imply if a person who has already paid fine for possession of drugs under NDPS Act is caught for possession multiple times.

“With what confidence do you go and pay a fine for a similar offence for a third time. What does it mean? That you are involved under certain provisions of NDPS Act.. you are adding value to the offender.. You are encouraging a person to commit an offence. How does this come under social engineering..” the Court asked

The Court discussed in detail the definition of stocking under the Act to analyse whether the possession under NDPS Act would constitute stocking under KAAPA.

“Our concern is this… You are a person who is repeatedly having small quantities. Why is it that it can be considered a stock? First time, it cannot be stocking because it is for personal use, yes.. But how does it not become stock when its done the second time” Court asked

The Court has also examined whether a person committing an offence under NDPS would come under the definition of Goonda as defined in KAAPA.

“You are consuming it and not telling us where you are getting it from. The fact that you are getting it itself is anti-social…. It can be funding terrorism.. Then it becomes anti-social.” Court said

The Court also added that paying a fine for the possession can be considered as an admission as a drug offender.

“(When you pay the fine) you are admitting to be a violator.. You are admitting to be a drug offender. The moment you admit to be a drug offender, you come within the first limp of Section 2(i) of (KAAPA)” Court said

The Court further added that it intends to send a message to the society that it will not tolerate violation of the NDPS Act while considering this matter.

The case is posted to next week for further consideration.

Case Title: Aaliya Ashraf v State of Kerala

Case No: ICR (WP(Crl.)) 20/ 2025

Counsel for Petitioner: M H Hanis, P M Jinimol, T N Lekshmi Shankar, Ria Elozabeth T J, Nancy Mol P, Anandhu P C, Neethu G Nadh, Sinisha Joshy, Ann Mary Ansel