Libertatem Magazine

Patna High Court Dismisses Bail of Juvenile Accused of Transporting Large Quantity of Ganja, Cites Children’s Court’s Decision

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An appeal was filed by the Petitioner against the judgments passed on 27.08.2019, passed by the learned Additional Sessions Judge-I, Patna where the grant for bail by the Petitioner had been rejected. The Petitioner, who was a Juvenile at the time, was taken into custody as a huge quantity of ganja was recovered in the truck he was driving.

Facts of the Case 

The Petitioner who was 16 years old, was arrested as he had been driving a truck filled with 1814.70 kg of Ganja. Since the age of the Appellant was more than 16 years and the offence allegedly committed by him fell into the category of ‘heinous offences’, the Juvenile Justice Board after conducting a preliminary assessment concerning the mental and physical capacity of the Appellant, passed an order and transferred the case for trial to the Children’s Court. The Children’s Court vide its order dated 27.08.2019, rejected the bail application of the appellant. Hence, this appeal was preferred by the Appellant, challenging the rejection order and for grant of bail. 

Arguments Made by the Petitioner

The Learned Counsel for the Appellant submitted that the Appellant was innocent and had been falsely implicated in this case. He further submitted that the Appellant has no criminal antecedent. Furthermore, he stated that the Appellant who at the time of this crime was a juvenile, had no knowledge about the contraband substance being kept in the Truck nor he had any association with the recovered and seized Ganja.

The Decision of the Court

The Court relied on previous judgements and examined the arguments presented by the Petitioner. The Court concluded that since the Children’s Court had also decided to conduct the trial of the Appellant as an adult, accordingly, charges were framed in this matter against the Appellant, the release of the Appellant would likely to bring him in the association of such persons who are involved in illegal transportation of Narcotic and Psychotropic Substances.

Thus, the Court dismissed the grant for bail.

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