ORDER

30.07.2024 07 .

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This is an application under Section 401 of the Code of Criminal Procedure, 1973 (in short “the Code”) read with Section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 (in short, “the Act”) challenging the order dated 03.10.2023 passed in Criminal Appeal No.39 of 2023 by which the learned 2nd Additional Sessions Judge, Berhampur in-charge has refused to interfere with the order dated 05.07.2023 passed by the learned P.M., Addl. JJB, Chatrapur in JGR No.34 of 2023 by not granting bail to the Child in Conflict with Law-cum-petitioner (CCL).

3. Facts in precise are on 24.05.2023 at about 3.10 AM while the police patrolling party were performing patrolling duty at Mathura near Nirmalajhar, they noticed one white colour Mahindra pick-up van suspected to be loaded with Contraband Ganja coming from Kodala side towards Khallikote and, accordingly, the police patrolling party try to stop the said Bolero pick-up van, but the driver did not stop and fled away and, thereafter, the police patrolling party chased and caught hold of the present CCL by detaining the vehicle and seized 72.100Kgs of Contraband Ganja loaded in the vehicle, however, other occupants could manage to flee away from the spot.

4. On the aforesaid facts and report of the police officer, a case in JGR No.34 of 2023 was registered by the PM, Addl. JJB, Chatrapur. Soon after the apprehension and production before the PM, Addl. JJB, Chatrapur, the CCL filed an application under Section 12 of the Act which came to be rejected by JJB on 05.07.2024 and, thereafter, the CCL preferred an appeal before the learned District and Sessions Judge, Ganjam at Berhampur which came to be registered as Criminal Appeal No.39 of 2023, but the appeal being received on transfer, the learned 2nd Additional Sessions Judge, Berhampur in-charge dismissed the criminal appeal by refusing to interfere with the order passed by the learned PM, Addl. JJB, Chatrapur in refusing the bail to the CCL.

5. Heard Mr. Suryakanta Dwibedi, learned counsel for the petitioner and Mr. A. Behera, learned ASC in the matter and perused the record. Mr. Behera not only produces the copy of SIR, but also an instruction received from the Superintendent of Police, Ganjam, Chatrapur. The aforesaid two documents be kept on record for reference.

6. It is, however, not disputed that the petitioner-

CCL was allegedly apprehended with Contraband Ganja, but fact remains that the bail application of the CCL has to be considered within the contours of Section 12 of the Act, which provides that the bail can be refused to CCL only on three grounds which are (i) if there appears reasonable grounds for believing that the release of CCL is likely to bring him into association with any known criminal, (ii) expose him to moral, physical or psychological danger and (iii) his release would defeat the ends of justice.

7. Admittedly, the address of the CCL was verified by the State and Mr. A. Behera, learned ASC by filing the written instruction received from the Superintendent of Police, Ganjam, Chatrapur confirms the correctness of the address given by the CCL. Further, Mr. A. Behera, learned ASC has filed the Social Investigation Report (SIR) of the CCL, which was perused by this Court, but found nothing adverse against the CCL to show any of the three existing grounds for refusal of bail to the petitioner.

8. However, the learned appellate Court has not taken into consideration any of the grounds for rejection of bail as provided in Section 12 of the Act, so also the learned PM, Addl. JJB, Chatrapur. It, however, appears to the Court that the learned PM, Addl. JJB, Chatrapur as well as the appellate Court m