Repeat drug offenders can be declared ‘goonda’, says HC

A Larger Bench of the Kerala High Court has held that a person can be declared a ‘goonda’ under the Kerala Anti-Social Activities (Prevention) Act (KAAPA) if he or she is apprehended more than once with drugs and psychotropic substances, even in quantities classified as “small” under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

It thus held the finding of a three-member Bench that the mere possession of a small quantity of drugs does not render an accused a “drug offender” or “goonda” in the absence of material indicating intent to sell, as incorrect and not good law. The five-member Bench observed that the view that only commercially driven drug activities fall within the ambit of a “drug offender”, cannot be approved.

The Bench of Justices Devan Ramachandran, Gopinath P., A. Badharudeen, M.B. Snehalatha, and Jobin Sebastian observed that these days, there appears to be a growing and unacceptable impression, particularly among young citizens, that they can get away paying a fine, if they are apprehended with a ‘small quantity’ of drugs. “This, little doubt, has led to the apparent tenacious grip of the offending articles [narcotic drugs] on our societies.”

Every offence requires to be viewed with “zero tolerance” and “non-negotiability”, and in that perspective, it would be desirable, as far as practically possible, to subject even the first offender found with “small quantity” of drugs and/or psychotropic substances, if not, at least on detecting the second offence, to medical evaluation and mandatory rehabilitation. This then would bring in substantial degree of control on recidivistic tendencies and subsequent offences.

The court observed that drug abuse, even in small quantities, posed serious challenges to families and society, often leading to catastrophic consequences. Within families, substance abuse can cause emotional distress, financial strain, and breakdown of trust and relationships. At the societal level, it contributes to higher crime rates, deterioration of law and order, threats to public safety, increased healthcare costs, and loss of productivity, among other harmful effects.

The court also pointed out that individuals dependent on drugs face severe limitations in social functioning and could be a burden on society. Drug abuse can also lead to serious psychiatric conditions, disability, and even death—either through accidents or diseases worsened by substance use—as well as increased rates of suicide. It warned that even minimal acceptance could push society towards irreversible damage.