Md. Afridi vs The State Of Jharkhand
2023 Latest Caselaw 2465 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr. Revision No.708 of 2023

        Md. Afridi                                                  .....   ... Petitioner
                                       Versus
        The State of Jharkhand                                      .... .... Opp. Party
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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        For the Petitioner    : Mr. Aniket Ranjan, Advocate
        For the State         : Mrs. Ruby Pandey, APP
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02/28.07.2023        This criminal revision is preferred on behalf of petitioner,

namely, Md. Afridi against the order dated 23.05.2023 passed by the learned Additional Sessions Judge-1st-cum-Special Judge, Godda in Criminal Appeal No. 23 of 2023 whereby the appeal was dismissed and the order dated 06.04.2023 passed in M.C.A No. 882 of 2023 passed by the learned Principal Magistrate, Juvenile Justice Board, Godda has been confirmed in connection with Godda (Town) PS Case No. 58 of 2023 under section 21(b), 22(b) N.D.P.S Act.

2. The learned counsel for the petitioner has submitted that the judgment passed by the JJ Board as well as the leaned appellate court whereby the bail application of the petitioner was rejected is based on the finding that the offence alleged is of grave nature. In case he was enlarged on bail, he would expose to moral, physical or psychological in dangering that he would be in association of the criminals. While as per social investigation report there is no criminal antecedent of the petitioner.

3. Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the petitioner and contended that both the accused were apprehended at the spot including the petitioner and from the possession of both, brown sugar was recovered. From the possession of the appellant brown sugar recovered was 4.64 gram which is below the small quantity.

4. From the perusal of the FIR it is found that on 28.02.2023 Drug Inspector, Godda, Ranjit Kumar Choudhary, informant had received the secret information that some boys were involved in sale and purchase of brown sugar at Godda bus stand and, accordingly, he reached there alongwith police officials. Having seen the police force, both the boys began to flee away. However, they were nabbed at the spot one was identified as Satya

Prakash Sonu and another was as Md. Afridi and from the possession of Satya Prakash Sonu in a aluminum foil total 5.43 gram was recovered while from the possession of the petitioner Md. Afridi was recovered 4.64 gram.

5. From the impugned order passed by the learned JJ Board and also order passed by the learned appellate court there is nothing in the judgment whether the compliance of section 50 of N.D.P.S Act was made or not. Since, the recovery of the smack was from the person of the both the accused including the petitioner. The informant has received the secret information in regard to both the accused but he has not apprised to the higher authorities in view of the provisions of section 42 of N.D.P.S Act. The petitioner who is child in conflict with law is of 17 years old as per social investigation report there is no criminal antecedent of the petitioner. The finding given by the learned appellate court that the petitioner may be exposed into association of criminal or his release on bail may expose him to moral, physical or psychological danger which may defeat the ends of justice is not based on any social investigation report or any other basis. Further while considering the bail of the child in conflict in law i.e. of juvenile the gravity of the offence is not to be taken into account.

6. In view of the submissions made, this criminal revision is, hereby, allowed. The impugned order passed by the learned JJ Board and the appellate court as well are, hereby, quashed and set aside.

7. In view of the submissions made and materials available on record, the bail application of the petitioner i.e. child in conflict with law is hereby allowed. Let the child in conflict in law be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount on behalf of his guardian to the satisfaction of the court concerned.

8. Accordingly, this criminal revision stands disposed of.

(Subhash Chand, J.) RKM