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    <title>2009 (10) TMI 982 - KERALA HIGH COURT</title>
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    <description>Cases ending in acquittal or on a guilty plea before the detention proposal could not be treated as current material for classifying a person as a known goonda or known rowdy under the Kerala Anti-Social Activities (Prevention) Act, 2007, and a prosecution under Section 160 IPC was outside the statutory basis for that classification. The remaining pending cases were still capable of satisfying the statutory definitions, subject to the separate requirement that the alleged conduct affect public order. The Government&#039;s rejection of the detenu&#039;s representation was held invalid because it was generic and mechanical and failed to deal with the crucial objection that two relied-on cases had already concluded, so the continued preventive detention was vitiated.</description>
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      <description>Cases ending in acquittal or on a guilty plea before the detention proposal could not be treated as current material for classifying a person as a known goonda or known rowdy under the Kerala Anti-Social Activities (Prevention) Act, 2007, and a prosecution under Section 160 IPC was outside the statutory basis for that classification. The remaining pending cases were still capable of satisfying the statutory definitions, subject to the separate requirement that the alleged conduct affect public order. The Government&#039;s rejection of the detenu&#039;s representation was held invalid because it was generic and mechanical and failed to deal with the crucial objection that two relied-on cases had already concluded, so the continued preventive detention was vitiated.</description>
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