BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who is a juvenile, was involved in a case bearing FIR No.73 dated 09.07.2012 under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Arni Wala, District Fazilka.

(2.) Learned counsel for the petitioner submits that as per the prosecution, petitioner was apprehended along with one Kulwinder Singh and heroin weighing 8 Kgs was recovered from the possession of Kulwinder Singh. The petitioner was driver of the motorcycle on which Kulwinder Singh was riding.

(3.) The Juvenile Justice Board, Fazilka vide order dated 06.03.2014, declined the bail to the juvenile in view of the seriousness of the offence and the appeal filed by him, was also dismissed by the Additional Sessions Judge, Fazilka vide order dated 03.04.2014. I have heard learned counsel for the petitioner, learned State counsel and have perused the paper book with their assistance. It has been submitted by learned counsel for the petitioner that petitioner is in custody for the last about two years and no witness has been examined by the prosecution so far. As per the provisions of Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act') the bail can be declined to a juvenile if there is 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. As per Section 15 of the Act, a juvenile may be sent to special home for maximum period of three years in the event of proof of commission of offence by him.