The Patna High Court has intervened in a significant drug trafficking case, granting bail to two juveniles who were allegedly caught transporting more than 65 kilograms of ganja. The court's decision also mandated a thorough three-month inquiry into the circumstances surrounding their journey from Guwahati, Assam, to Patna without proper documentation.
Bail Granted Under Juvenile Justice Act
A Single Judge Bench of Justice Arun Kumar Jha overturned earlier decisions by the Juvenile Justice Board (JJB) and an appellate court, which had denied bail to the two individuals, aged 15 years 9 months and 16 years at the time of the alleged offense. The High Court emphasized that under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, bail for a 'child in conflict with law' (CICL) is the general rule. Denial of bail is permissible only under specific statutory grounds, such as a risk of association with known criminals, exposure to moral or physical danger, or the likelihood of defeating the ends of justice. The court found no compelling evidence to support these grounds in this particular case.
The Directorate of Revenue Intelligence (DRI) had initially treated the accused as adults before the JJB declared them juveniles. The contraband, totaling 65.940 kg (gross weight), was reportedly found hidden in secret cavities of a Mahindra TUV vehicle.
High-Level Inquiry Ordered into Discrepancies
Expressing concern over several inconsistencies, the High Court ordered the Patna Senior Superintendent of Police (SSP) to conduct a comprehensive inquiry within three months. This investigation will delve into crucial aspects, including:
- Verification of the petitioners' actual age and juvenile status.
- Confirmation of whether they attended school or received any formal education.
- Ascertainment of whether they benefited from any state government schemes requiring proof of age.
- An assessment of potential security lapses that allowed them to travel inter-state without identification, vehicle registration papers, or a valid driving license.
The court further stipulated that if the inquiry uncovers any concealment of material facts regarding age or fraudulent practices, the State and DRI would be at liberty to approach the JJB or the concerned court to seek cancellation of the bail bonds. The inquiry report is to be submitted directly to the High Court for judicial oversight.