In a robust statement on Wednesday, the Kerala High Court declared that drug crimes “won’t be tolerated” and referred critical questions of statutory interpretation to a five-judge Full Bench. The Bench will determine whether the mere possession of narcotic drugs can amount to “stocking” — a trigger for categorizing an individual as a “drug-offender” and a “goonda” under the Kerala Anti-Social Activities (Prevention) Act (KAAPA).

The reference arises from conflicting judicial views on whether the act of possessing drugs, even in small quantities, should automatically bring a person under the purview of KAAPA. KAAPA’s definition of a drug-offender — embedded within the definition of “goonda” — includes someone who “stocks” narcotic substances, suggesting a broader net than the offence of mere possession under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).

A three-judge Bench previously quashed a preventive detention order on the ground that simple possession does not amount to stocking or anti-social activity unless intent to sell or distribute is established. This raised concerns about the correctness of that approach, prompting a reference to a larger Bench.

The Full Bench comprises Justices Devan Ramachandran, P Gopinath, A Badharudeen, MB Snehalatha, and Jobin Sebastian. During oral hearings, the Bench underscored the need to send a strong deterrent message against drug offences.

Justice Ramachandran observed that tolerance for repeated minor drug offences — which often results in a mere fine or bail — has the unintended consequence of emboldening offenders:

He suggested that first-time offenders, even those caught with small quantities, should be mandatorily referred to rehabilitation instead of being released after a minimal penalty.

The Bench has been tasked with answering two key questions:

Does mere possession of narcotic drugs amount to “stocking” under KAAPA? The word “stock” in KAAPA’s anti-social activity definition is at the centre of the debate — does passive possession equate to active stocking?
Must an act qualify simultaneously as an “anti-social activity” and a “drug-offender” to be actionable under KAAPA? That is, should the statutory definition be interpreted conjunctively or independently?

Justice Gopinath emphasized that the definition of “drug-offender” is pivotal because, in KAAPA, a drug offender — on satisfying the statutory criteria — automatically falls within the category of a goonda.

Justice Badharudeen pointed out the Legislature’s role, questioning whether lawmakers truly intended to sweep all drug possession into the anti-social category or distinguished “stocking” from mere possession.

This reference carries significant legal and social implications. If the Bench holds that possession equates to stocking, casual or recreational drug users could face preventive detention and disabilities under KAAPA — a statute aimed at maintaining public order. It could expand the scope of preventive detention powers and fuel debates about criminalisation versus rehabilitation.

Conversely, a ruling that mere possession is not inherently anti-social could reaffirm constitutional safeguards against preventive detention and uphold proportionality in criminal justice. For a state battling drug misuse among youth, the Bench’s interpretation will shape both enforcement priorities and the balance between deterrence and rights protectionsIn a robust statement on Wednesday, the Kerala High Court declared that drug crimes “won’t be tolerated” and referred critical questions of statutory interpretation to a five-judge Full Bench. The Bench will determine whether the mere possession of narcotic drugs can amount to “stocking” — a trigger for categorizing an individual as a “drug-offender” and a “goonda” under the Kerala Anti-Social Activities (Prevention) Act (KAAPA).