- (1.) This Criminal Revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 has been preferred for setting aside the judgment impugned passed by the Sessions Judge, Hazaribagh in Criminal Appeal No. 132 of 2010 by which the prayer for his bail for the alleged offence under Sections 17, 18, 27(A) of the Narcotic Drugs and Psychotropic Substances Act was dismissed and the order passed by the Juvenile Justice Board, Hazaribag refusing the prayer for bail of the petitioner was affirmed. The petitioner is admittedly a juvenile and he was apprehended from a vehicle by Chouparan Police and 2 Kg. of opium was found on search, besides huge quantity of doda being carried in the said vehicle. The prayer for bail of the petitioner was refused by the Juvenile Justice Board on the ground that he would come into the association of some known criminals. While dismissing the prayer for bail of the petitioner, the learned Sessions Judge observed that there was chance of the appellant (petitioner) to come into the association of known criminals because the seized article were not the produce of his family and that the appellant was opium smuggler. No criminal antecedent has been reported against the petitioner and the entire allegation against the petitioner was misconceived, the learned counsel added.
(2.) Admittedly, he was found sitting in the vehicle when he was intercepted by Chouparan Police, but he was not at all concerned with the opium or any other incriminating articles and other co-accused persons. Learned counsel further sub- mitted that the co-accused Md. Khalid has already been admitted on bail by the Sessions Judge-cum-Special Judge Hazaribagh as he was driver of the Scorpio vehicle which was carrying the petitioner and other co-accused. Petitioner is in custody since 01.07.2010.
(3.) Heard, the APP on behalf of the State.;