SHASHI KUMAR SAINI Vs. STATE

JUDGEMENT

(1.) The present petitioner is admittedly a juvenile within the meaning of the Juvenile Justice (Care and Protection of Children) Act, 2000. Though, there is some dispute as to whether the petitioner was 12 ½ years old or 14 years old. Be that as it may, the petitioner being a juvenile, the provisions of Section 12 of the Juvenile Justice Act, 2000 would be applicable. The Section reads as under: Bail of juvenile. -

(2.) The case for the prosecution is that from the present petitioner an alleged recovery of 9 kilograms 100 grams of ganja is said to have been made. The learned counsel for the petitioner, firstly, submitted that the petitioner is entitled to bail in terms of Section 12 of the Juvenile Justice Act, 2000 and even otherwise the alleged recovery is less than half of the commercial quantity specified and accordingly the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') would not be attracted.

(3.) The learned counsel for the State pointed out that the Additional Sessions Judge had dismissed the appeal filed on behalf of the petitioner against the order dated 13.12.2004 passed by the Juvenile Justice Board declining to release the petitioner on bail. He further submitted that the learned Additional Sessions Judge had examined the case and had also gone through the provisions of Section 12 of the Juvenile Justice Act, 2000 as well as the decisions in the case of (1) Arvind Vs. State, 1999 (2) JCC (Delhi) 361; (2) Rafiq Ahmed Vs. The State (NCT of Delhi) 1998(1) JCC (Delhi) 172 as also (3) Ramesh Vs. State of Delhi 1996 JCC 299.