RAJU SINGH @ KAKA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPLICATION is allowed subject to all just exceptions. 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 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short the 'Act') registered at Police Station Sadar Jagraon, District Ludhiana, was dismissed.

(2.) 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.

(3.) 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.