Abs vs State Of Chhattisgarh
2023 Latest Caselaw 987 Chatt

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                                                                              NAFR
                   HIGH COURT OF CHHATTISGARH, BILASPUR

                           Criminal Revision No. 1246 of 2022

      ABS
                                                                       ---- Applicant
                                        Versus
      State of Chhattisgarh, Through SHO, Urla, District Raipur (C.G.)
                                                               ---- State/Respondent

  For Applicant                 :   Mr. B.P. Singh, Advocate
  For Non-Applicant/State       :   Ms. Priyamvada Singh, Dy. Government Advocate

                  Hon'ble Shri Justice Rakesh Mohan Pandey
                                Order on Board

15.02.2023

   1. Heard.

2. This revision petition is filed under Section 102 of the Juvenile Justice (Care

& Protection of Children) Act, 2015 against the order dated 02.12.2022

passed by the Additional Sessions Judge (FTC), Raipur (C.G.) in Criminal

Appeal No. 257/2022, upholding the order dated 17.11.2022 passed by the

Principal Magistrate, Juvenile Justice Board, Mana Camp, Raipur in Criminal

Case No. 507/2022 rejecting the bail application of the applicant filed under

Section 12 of the Juvenile Justice (Care & Protection of Children) Act, 2015,

in connection with Crime 261/2022 registered at Police Station Urla, District

Raipur (C.G.) for the offence punishable under Section 20(B) of Narcotic

Drugs and Psychotropic Substances Act.

3. Case of the prosecution is that after receiving secret information, the police

intercepted the present applicant and seized 29 Kg of ganja from his

possession and thus, the police registered the offence punishable under

Section 20(B) of Narcotic Drugs and Psychotropic Substances Act. against

the present applicant.

4. Learned counsel for the applicant would submit that age of the applicant is

17 years, he is in observation home since 10.06.2022, charge-sheet has

been filed and social status report is in his favour. Therefore, the criminal

revision preferred by the present applicant may be allowed.

5. On the other hand, learned counsel for the State would oppose the

submission made by learned counsel for the applicant. She would submit

that the quantity of contraband is commercial and there are three criminal

antecedents registered against the present applicant, therefore, he is not

entitled for any relief.

6. I have heard the learned counsel for the parties and perused the case diary

as well as social status report.

7. As per social status report, the applicant requires observation and control by

his family. Further, considering the fact that charge-sheet has been filed, the

applicant is in observation home since 10.06.2022 and he is a student of

Class 12th,, I am inclined to allow this criminal revision.

8. Consequently, the criminal revision is allowed. The judgment dated

02.12.2022 passed by the Additional Sessions Judge (FTC), Raipur (C.G.) in

Criminal Appeal No. 257/2022 and order dated 17.11.2022 passed by

Principal Magistrate, Juvenile Justice Board, Mana Camp, Raipur (C.G.) are

set aside. It is directed that on furnishing a surety of Rs.50,000/- along with a

bond of same amount which are to be of his natural guardian/father/mother,

to the satisfaction of the concerned Juvenile Justice Board, for his

appearance as and when directed, the applicant shall be given in custody of

his natural guardian/father/ mother.

9. Certified copy as per rules.

Sd/-

(Rakesh Mohan Pandey) Judge vatti