Bcd vs State Of Chhattisgarh
2025 Latest Caselaw 984 Chatt

Chattisgarh High Court

Bcd vs State Of Chhattisgarh on 7 January, 2025

                                          1




                                                           2025:CGHC:883


                                                                            NAFR

               HIGH COURT OF CHHATTISGARH AT BILASPUR



                               CRR No. 1458 of 2024


1 - Bcd Nill
                                                                      ... Applicant


                                        versus


1 - State Of Chhattisgarh Through Station House Officer, Police Station Basna, District
Mahasamund (C.G.)
                                                                     ... Respondent(s)

For Applicant : Mr. Dashrath Kushwaha, Advocate For Respondent(s) : Mrs. Prabha Sharma, Panel Lawyer

Hon'ble Justice Shri Arvind Kumar Verma

Order on Board

07/01/2025

1. The present Criminal Revision is heard finally with the consent of the parties.

2. The applicant has filed the present Criminal Revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against the impugned judgment dated 23.11.2024 passed by the Learned Special Judge (NDPS) Saraipali, District- Mahasamund, C.G. in

Criminal Appeal No. 20/2024 arising out of order dated 09.10.2024 passed by learned Principal Magistrate, Juvenile Board, Mahasamund, District- Mahasamund, C.G. in Criminal Case No. 83/2024 whereby the learned Special Judge has rejected the appeal filed by the Juvenile appellant.

3. Brief facts of the case is that the concerned police station Basma received a secret information through the informant that on 10.09.2024 two unknown persons have kept illegal contraband ganja in their motorcycle during transporting and police has seized 9.850 kg contraband ganja from place of incident at open place and as a result thereof, police has registered offence punishable under Section 20 (b) of the NDPS Act against the appellant and other accused person.

4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. He further submits that the prosecution agency has not followed the provisions under Section 42 of NDPS Act and not taken search warrant from the superior authority. He further contended that the applicant is aged about 17 years and is a student and has served more than 17 months in jail and if the minor appellant is not granted bail, then his future will be adversely effected. He further submits that the co-accused Raju Patel has been enlarged on bail by this Court on 03.01.2025 in MCRC No. 8366 of 2024.

5. Learned counsel appearing for the State would oppose the Criminal Revision and submit that from the possession of the applicant contraband article,i.e. 9.800 kg of Ganja is seized. She further endorse the said submission that the applicant has no criminal antecedent.

6. I have heard learned counsel appearing for the parties and perused the record.

7. Taking into consideration the facts and circumstances of the case and the fact that the applicant has no criminal antecedent and the contraband article,i.e. 9.800 kgs Ganja recovered from the possession of the applicant is less than the commercial quantity and the charge sheet has been filed in the present case before the competent Court. Also,

considering that the District Child Welfare Officer, District- Mahasamund has not made any adverse remark against the Child in conflict with law and also considering that the co-accused Raju Patel has been enlarged on bail by this Court on 03.01.2025 in MCRC No. 8366 of 2024, this Court is of the view that the applicant is entitled to be released from Juvenile Justice Board, Mahasamund.

8. In view of the above, the present Criminal Revision is allowed and the judgment dated 23.11.2024 is hereby set aside and it is directed that the applicant shall be released on furnishing a surety of Rs. 10,000 to the satisfaction of the concerned Juvenile Justice Board, Mahasamund for his appearance as and when directed.

Sd/-

(Arvind Kumar Verma) JUDGE

Madhurima