Kerala High Court’s 5-Judge Bench to Decide If Small Drug Possession Makes One a 'Goonda'

A five-judge bench of the Kerala High Court is set to decide a pivotal legal question that could alter how drug-related offences are treated under the Kerala Anti-Social Activities (Prevention) Act (KAAPA). Court will examine whether someone merely found in possession of narcotic substances can be treated as engaging in “stocking” or other anti-social activities that would bring them within the definition of a goonda under the Act.

The matter was referred to the larger bench after differing views emerged from different benches of the court on the interpretation of the law. A three-judge bench in Suhana v. State of Kerala had earlier ruled that a person found with only a small quantity of drugs could not automatically be designated a “drug offender” or goonda unless there was clear evidence of intent to deal. Subsequent benches, however, voiced reservations about this reasoning, prompting the reference.

Under KAAPA, a “drug offender” includes individuals who illegally cultivate, stock, transport, sell or distribute narcotic substances in breach of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). The NDPS Act, however, treats mere possession itself as a crime. The bench is now tasked with reconciling whether simple possession, particularly repeated possession of small quantities, can legally amount to “stocking” or fall within the ambit of anti-social conduct as envisioned by the legislature.

During proceedings, the bench comprising Justices Devan Ramachandran, P Gopinath, A Badharudeen, MB Snehalatha, and Jobin Sebastian strongly questioned the effectiveness of the current approach to drug possession cases.

One of the judges observed that light penalties for those caught with small quantities may inadvertently encourage repeated offences and contribute to wider drug misuse in society.

The bench also expressed the view that first-time offenders with small quantities might be better served through rehabilitation measures rather than formal prosecution, although it noted the scarcity of such facilities.

The hearing is expected to continue next week.

Case Title: Aaliya Ashraf v. State of Kerala

Hearing Date: February 4, 2026

Bench: Justices Devan Ramachandran, P Gopinath, A Badharudeen, MB Snehalatha, and Jobin Sebastian