HAMID @ ABDUL HAMID Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The accused petitioner was arrested by the police in F.I.R. No.329/2001 registered at Police Station Brahmampuri, Jaipur, for offence under the Narcotic Drugs and Psychotropic Substances Act and was sent to jail. After due enquiry, the petitioner was found and declared juvenile.

(3.) An application under Sec. 12 of the Act for release of petitioner on bail was moved on his behalf by his mother Smt. Khurshida in her capacity as natural guardian of the petitioner. The learned Juvenile Justice Court Jaipur vide order dated 7.1.2002 dismissed the bail application on the ground that there are reasons to believe that petitioner's release may bring him into the association with unknown criminals. The order rejecting bail was challenged by the petitioner through his mother before the learned Sessions Judge by tiling an appeal under Sec. 52 of the Act. During the course of hearing of appeal, the learned Sessions judge directed the prosecution to submit a report as to whether Smt. Khurshida. mother and natural guardian of the petitioner is involved in any crime. The prosecution submitted report stating that more than one case were pending against her, involving offence under the N.D.P.S. Act. After hearing counsel for the parties, the learned Session Judge vide order dated 18.1.2002 dismissed the petitioner's appeal, observing that there are sufficient reasons to believe that if the benefits of bail are extended to the petitioner, it is likely that he may come in contact with known and unknown criminals, inasmuch as at the time of arrest, the petitioner was found to be in possession of a mobile phone and a scooter and his mother was also involved in such like offences.