The court emphasized the strict conditions under which the bail of a juvenile can be denied, as outlined in Section 12 of the Juvenile Justice Act.

Rajendra Mahajan, J.

1. Applicant has filed this criminal revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short "the Act") against the order dated 9-12-2014 passed by the Court of Fourth Additional Sessions Judge, Sagar in Criminal Appeal No. 585/2014, Pradumna Vs. State of M.P. through P.S. Padmakar Nagar, Sagar, affirming the order dated 3-12-2014 passed by the Juvenile Justice Board, Sagar (for short "the J.J. Board") rejecting the bail application of the applicant in connection with Crime No. 334/2014, registered at P.S. Padmakar Nagar against him and other accused persons under Section 8 read with Section20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act"). Intrinsic facts for the purpose of this revision are as follows:--

1.1. On 10-11-2014, the police of Police Station, Padmakar Nagar got a tip-off that in a white car make Maruti Swift Desire, bearing registration No. MP-15-CA-7406, a huge quantity of Ganja is being transported illegally. Thereupon, the police force reached the spot and cordon the car off. Upon the search of the car, a' total of 148 kg Ganja worth ` 12 lacs was found keeping in the boot of car in the packets and gunny bags. The police arrested all the six occupants of the car including the applicant and his brother-Deepak. On completion of requisite formalities at the spot, the FIR of the crime on the same day was lodged by Sub-Inspector, Sneha Mishra, who led the force. The case was registered as Crime No. 334/2014 against all the six occupants of the car under Section 8 read with Section 20 of the NDPS Act. During the investigation, the applicant was found a juvenile, therefore, his case was put up before the J.J. Board.

1.2. On behalf of the applicant, a bail application under Section 12 of the Act was moved before the J.J. Board. It dismissed the bail application vide order dated 3-12-2014. Feeling aggrieved by the order, an appeal was filed under Section 52 of the Act, which was also dismissed by the impugned order.

1.3. It may be worth mentioning here that the Appellate Court had dismissed the bail application vide impugned order on two counts, first, that the consumption of intoxicating substances among young generation has been rising alarmingly causing adverse impact upon the society and, second, that the applicant belongs to a family having criminal antecedents.

1.4. Hence, this revision.

2. Learned Counsel for the applicant submitted that at the relevant time the applicant was a student of 9th Class. He was traveling in the car with his brother-Deepak without knowing that in the car, Ganja was being carried illegally, thus, he is totally innocent. There is no prima facie evidence against him to connect him with the alleged crime. He further submitted that the Probation Officer has given a report, recommending the applicant release on bail. He still further submitted that the learned Appellate Judge passed the impugned order, overlooking the provisions of Section 12 of the Act.

3. Per contra learned Panel Lawyer supported the impugned order.

4. It shall be relevant and useful to refer to first the provisions of Section 12 of the Act, which provides for the release of a juvenile on bail during the pendency of a case against him. The provisions read thus:-

"Bail of juvenile.--When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a Probation Officer or under the care of any fit institution or fit persons but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to mor