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Juveniles Drove From Assam to Patna With Ganja: Grants Bail, Orders Inquiry
Sets Aside Denial of Bail to Two Children in Conflict with Law, Questions Security and Age Verification
In a significant ruling that underscores the of the , the granted bail to two juveniles who were apprehended with over 65 kg of ganja. The court also directed an inquiry into the circumstances of their journey from Guwahati, Assam to Patna without identification or vehicle documents, raising serious questions about security lapses.
Case Background: Interception, Recovery, and Age Discrepancy
The case stems from a secret information received by the about the transportation of ganja from Assam to Bihar. On , DRI officers intercepted a Mahindra TUV vehicle near Didarganj, Patna. The two occupants—later identified as petitioners XX and X1—were apprehended, and a search revealed 109 plastic packets containing 65.940 kg (gross) and 63.760 kg (net) of ganja concealed in a secret cavity built into the chassis.
Initially, the DRI recorded the ages of the petitioners as 25 years and 21 years respectively. However, upon inquiry by the , they were assessed to be 15 years 9 months and 16 years old on the date of occurrence, and were declared as in .
Both petitioners applied for bail before the JJB, which rejected their pleas. Their appeals before the , were also dismissed. Aggrieved, they approached the High Court through separate criminal revision petitions, which were heard together.
Arguments: vs. Gravity of Offence
Senior counsel , appearing for petitioner XX, argued that the lower courts had overlooked , which makes . He contended that the denial was based on mere —such as the possibility of the child coming into contact with known criminals—without any supporting material. He emphasized that the petitioner had no criminal antecedents and had been in custody since .
Counsel for petitioner X1 adopted these submissions.
On the other hand, the DRI and State counsel vehemently opposed bail, arguing that the petitioners had been apprehended with a in the presence of independent witnesses. They expressed concern that releasing the juveniles might expose them to and frustrate the .
Legal Analysis: The Primacy of Child’s Best Interest
Justice Arun Kumar Jha, after hearing both sides, delved into the provisions of the , 2015. The court highlighted that Section 12 clearly states that a CICL can be denied bail only on three specific grounds: if release is likely to bring the child into association with known criminals, expose the child to moral or physical danger, or defeat the .
The court further emphasized the general principles under , particularly the () and the principle that (). The Act also mandates that a CICL has the and be restored to his social and economic background.
Citing these provisions, the court observed:
“The to the petitioner.”
The court found to substantiate any of the . The lower courts had merely speculated about the risk of association with anti-social elements without any supporting evidence.
Key Observations: Surprise Over Unchecked Journey
The court did not mince words in expressing its concern over the security implications of the case. It noted:
“It is also surprising that the petitioners, two juveniles, drove all the way from Guwahati, Assam to Didarganj, Patna, without any identification papers or any documents like registration certificate or driving license.”
The court further observed that if the petitioners could travel uninterrupted carrying , they could have easily carried explosives, endangering public safety. The court also questioned the claim of the petitioners that they had never studied in any school, calling it “not believable in the present days.”
Court’s Decision: Bail Granted, Inquiry Ordered
The High Court set aside the orders of the Juvenile Justice Board and the appellate court, and directed the release of the petitioners on bail of Rs. 10,000 each with two sureties. One surety must be a parent, and the other a relative with no criminal antecedents. The petitioners are required to appear before the Board on every trial date.
However, the court did not stop there. It directed the , to conduct a thorough inquiry within three months into:
- Whether the petitioners are truly juveniles as claimed;
- Whether they have ever received education or availed state benefits requiring age proof;
- The security lapses that allowed them to travel from Assam to Bihar without being checked.
The court warned that if the inquiry reveals concealment of age or fraudulent practices, the State and DRI would be at liberty to approach the JJB for cancellation of bail and review of the orders declaring them as CICL.
The ruling strikes a balance between the rights of juveniles under the and the need for accountability in serious criminal cases, particularly involving drug trafficking. It reaffirms that while the child’s best interest is paramount, the authorities must also ensure that the legal process is not abused.
