Raju Singh @ Kaka vs State of Punjab

Ram Chand Gupta, J.

Crl.M. No. 26562 of 2013

Application is allowed subject to all just exceptions.

Crl.R. No. 1685 of 2013

The present revision petition has been filed against order dated 22.4.2013 passed by learned Additional Sessions Judge, Ludhiana, vide which revision filed by petitioner-accused against order dated 27.2.2013 passed by the Court of Principal Magistrate Juvenile Justice Board, Ludhiana, in FIR No. 143 dated 1.7.2012 u/s 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short the `Act'') registered at Police Station Sadar Jagraon, District Ludhiana, was dismissed. I have heard learned counsel for the petitioner and have gone through the whole record carefully.

Brief allegations against petitioner-accused are that on 1.7.2012, police party was on checking duty when petitioner-accused came driving in a maruti car at a high speed. After seeing the police naka, he applied certain breaks and tried to run away. However, on suspicion he was apprehended. On search of the car, 140 kg of poppy husk was recovered, which was containing in four plastic bags.

It has been contended by learned counsel for the petitioner-accused that he has been continuing in custody since 1.7.2012 and that he, being juvenile, is entitled to be released on bail and that bar of Section 37 of the Act, will not be applicable in this case.

It is pertinent to reproduce Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000.

Bail of juvenile.-

(1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety [or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person] but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.

(2) When such person having been arrested is not released on bail under sub-section (1) by the officer incharge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board.

(3) When such person is not released on bail under subsection (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order.

A careful perusal of aforesaid provision shows that a juvenile shall not be released on bail if there appears reasonable ground for believing that his release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.

Sufficient reasons have been given by both the Court below for declining bail to the present petitioner-accused. There is recovery of huge quantity of poppy husk which was being carried by him in a car. It is a case of chance recovery. It has been rightly observed by learned Courts below that he is likely to come in contact with those criminal who were using him for carrying such a huge quantity of poppy husk and that he is likely to be exposed by such drug mafia.

Hence in view of the aforementioned facts, it cannot be said that any illegality or material irregularity has been committed by learned Courts below in passing the impugned order warranting interference by this Court. There is no merit in the present petition. The same is hereby dismissed.