Laxman vs The State of Rajasthan

Sandeep Mehta, J.—1. Learned Public Prosecutor has submitted the Probation Officer''s report as well as the petitioner''s criminal antecedents report. The Probation Officer has reported that the petitioner''s conduct is satisfactory. As per the antecedents report of the petitioner, he does not any criminal history.

The petitioner Juvenile was arrested on 24.05.2014 in connection with FIR No. 94/2014 Police Station Shambhupura registered for the offences under Section 8/15 and 29 of the NDPS Act. Investigation has been completed and charge-sheet has been filed.

An application under Section 12 of the Juvenile Justice Act was submitted before the Principal Magistrate, Juvenile Justice Board, Chittorgarh, which was rejected by order dated 20.10.2015 and the appeal preferred against the said order under Section 52 of the Juvenile Justice Act has also been dismissed by the learned Sessions Judge, Chittorgarh by order dated 5.11.2015. Hence, this revision.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

The petitioner is lodged at the Juvenile Observation Home, Chittorgarh since May 2014 with the allegation that he was found sitting in the Scorpio vehicle No. RJ06-UA-0137 alongwith one Sampat Lal @ Sampat Raj. On search of the vehicle being taken, the SHO Police Station Shambhupura recovered 103 Kgs. of illicit poppy straw concealed therein. Investigation has been complete and charge-sheet has been filed against the petitioner in the Juvenile Justice Board, Chittorgarh.

Having regard to the facts and circumstances of the case and considering the provisions of Section 12 of the Juvenile Justice Act as well as the fact that the petitioner is lodged at the Juvenile Observation Home for the last more than 1 1/2 years-and as the inquiry is still likely to take some time, the petitioner deserves to be released to the guardianship of his natural guardian Heera Lal Gurjar being the petitioner''s father. Accordingly, the revision deserves to be accepted and is hereby allowed. The orders dated 05.11.2015 passed by learned Sessions Judge, Chittorgarh in appeal as well as the order dated 20.10.2015 passed by the learned Principal Magistrate, Juvenile Justice Board, Chittorgarh are hereby set aside. The Principal Magistrate, Juvenile Justice Board, Chittorgarh shall release the petitioner into the guardianship of his father Heera Lal Gurjar upon him furnishing a personal bond in the sum of Rs. 80,000/- and two sureties in the sum of Rs. 40,000/- each with the undertaking that he shall ensure that the petitioner shall not come in contact with the hardened criminals during the course of the inquiry.