IMPORTANT POINT
The court established that a juvenile's mental capacity and the context of the offence must be thoroughly evaluated in bail proceedings under the Juvenile Justice Act.

ORDER :

1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent-State.

2. This application has been filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to in short as the ‘JJ Act’) to quash and set aside the judgment and order dated 30.04.2024 passed by the learned Additional Sessions Judge, Rajkot in Criminal Appeal No. 265 of 2024 in connection with the First Information Report (FIR) being C.R. No. 11208052240095 of 2024 registered with Bhaktinagar Police Station, Rajkot City for the offences punishable under Sections 8(c), 20(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to in short as ‘the NDPS Act’) and release the juvenile on regular bail.

3. In compliance of the order of this Court dated 10.06.2024, on verification, it was found that there is a Notification of the learned Principal District Judge, Rajkot dated 20.05.2022 authorizing the Special Court to try the cases under The Commission for Protection of Child Right Act, 2005, (4 of 2006) for Rajkot District with effect from 23.05.2022.

4. Learned Advocate for the applicant Mr. Mohamadzaid I. Saiyed that the juvenile in conflict with law was aged about 17 years at the time of commission of the offence and as per the facts and circumstances of the case, 11 Kgs. of the contraband ‘ganja’ was found in the vehicle which was on the foot rest of the Scooter which was given by the juvenile’s friend, i.e. the co-accused – Danish @ Bhago Hanifbhai Majothi (hereinafter referred to as Danish).

5. The facts of the case suggest that the co-accused-Danish was in the illegal sale of the prohibited article - Ganja. Since Danish was the juvenile’s friend and when the vehicle of Danish was already with the juvenile on the date of the offence, Danish had informed the juvenile through Mobile that a Hindi speaking man would be at Kajal Pan Parlour and Danish had instructed him to collect the Bag which would be given to him by that person and further had instructed him to take the same bag at the house of Habibbhai Harunbhai Khiyani (hereinafter referred to in short as ‘Habibbhai’). It is alleged that the juvenile had carried the bag at the house of Habibbhai. It is further submitted that the juvenile since was having the vehicle of his friend in his possession, he followed the instructions of his friend who is a major and without any knowledge of contraband article in the bag, he proceeded towards the house of Habibbhai and during that process, he was apprehended by the police.

6. Learned Advocate for the applicant also submitted that the Juvenile Justice Board (JJB) was required to consider the facts and circumstances of the case, where the juvenile had no knowledge of the contraband article in the bag. It is further submitted that there are no criminal antecedents nor are there any allegations of the juvenile being actively involved in such illegal activity. Further, though this fact was noticed by JJB, in the order the JJB observed that the juvenile had fallen in bad company of his friend and other such friend and raised an apprehension of every possibility that they would get the juvenile involved in such illegal transfer of ganja. This would have an adverse effect on the mental status of the juvenile and had observed that the juvenile was misused in the criminal act by the above co-accused.

7. It is further submitted that the bail application of the juvenile aged about more than 16 years has to be evaluated on the basis of the Protective Officer’s Report with preliminary assessment of Section 15 of the JJ Act. Both the Courts, i.e. the JJB and Children’s Court were required to take the assistance of experienced psychologists, social workers or other experts to examine the mental and physical capacity to commit the offences as also the circumstances under which the alleged offences came to be committed. It is also submitted that the facts d