SOMNATH MAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the petitioner, who is shown as the juvenile in conflict with law in OR. No. 1/14/NCB/Kochi, for regular bail under section 439 of the Code of Criminal Procedure.

(2.) The case of the prosecution in nutshell was that on 24.7.2014 the petitioner and one Manglu Majhi were found to be in possession of 24.905 kgs of ganja and it was recovered from the present petitioner while they were seen near at Aluva railway station and it is also revealed that they were abetted by some other persons and they tried to export the ganja and thereby all of them have committed the offences punishable under sections 20(b)(ii)(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the NDPS Act' for short).

(3.) The counsel for the petitioner submitted that the petitioner is aged only 15 years and a juvenile and he is not expected to be detained for a longer period even if it is found that he has committed the offence, no incarceration can be possible and his father is prepared to take him on bail. The counsel also submitted that since the Juvenile Justice Board is sitting for few days in a month, the possibility of disposal of the case will take longer time and he will have to be unnecessarily in the observation home for longer period, which is against the interest of a juvenile.