Allowed

X (Minor) v. State of U.P. and Another

Allahabad HC6 Dec 2023CRLR/6244/2023

Case brief

AI extract

What is this about?

Court set aside impugned orders of the Juvenile Justice Board and appellate court for failing to apply judicial mind to relevant provisions under the Juvenile Justice Act. Revision allowed and minor released on bail with conditions.

What did the court decide?

Impugned orders set aside; revision allowed; delinquent released on bail by mother executing personal bond with two sureties on specified conditions.

X (Minor) Vs State of U.P. and Another — Narcotics (NDPS) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:230732

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Court No. - 80

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Case :- CRIMINAL REVISION No. - 6244 of 2023

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Revisionist :- X (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Mithilesh Kumar Gupta,Anju Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Opposite party no. 2 is police official who lodged the F.I.R. in discharge of his official duty so notice issued to opposite party no. 2 is dispensed with.

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Heard learned counsel for revisionist, learned A.G.A. for State and perused the record.

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The present criminal revision has been preferred by the revisionist through his mother under Section 102 of the Juvenile Justice (Care and Protection) Act-2015 (hereinafter referred to as "J.J. Act, 2015) to allow the present revision and set aside the judgment and order dated 10.11.2023 passed by learned Additional Sessions Judge/Special Judge (POCSO Act)/Juvenile Court, Ghazipur in Criminal Appeal No. 103 of 2023 as well as order dated 8.6.2023 passed by Juvenile Justice Board, Ghazpur. Further prayed to stay the operation of the aforesaid orders and to release the revisionist on bail in Case Crime No. 563 of 2021, under Section 8/21 N.D.P.S. Act, Police Station Kotwali, District Ghazipur.

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It is submitted by learned counsel for the revisionist that in this case, the delinquent was juvenile aged about 17 years, 4 months and 29 days at the time of alleged offence. Further submitted that 300 gm. heroin is said to have been recovered from the possession of present revisionist by the police but there is no any independent witness at the time of alleged incident. The commercial quantity of heroin is 250 gm. and the alleged recovery was little more than the commercial quantity. There is no any criminal antecedent except the case, those were registered at the time of alleged incident of his arrest by the police in the present case and the confessional statement of the revisionist himself. There is nothing on record to show the complicity of present delinquent. There is nothing adverse to the present delinquent in the report as submitted by the District Probation Officer. The provisions as contained under Section 12 of the Juvenile Justice Act had not been considered by the Juvenile Justice Board as well as appellate court while rejecting the appeal which cannot be said to be in conformity with the law. The delinquent is in Juvenile Care Home since 30.10.2021 and his psychology is being affected adversely, therefore, requested to set aside the order passed by the J.J. Board as well as appellate court and allow the criminal revision.

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Learned A.G.A. opposed the aforesaid prayer.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 Juvenile Justice Act and report submitted by the D.P.O. it appears that J.J. Board as well as the appellate court had not considered the relevant provisions and the material on record in well manner but passed the orders without applying their judicial mind. In this way, there appears ground in this revision and the orders passed by the Juvenile Justice Board as well as learned appellate court are liable to be set aside.

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Accordingly, the orders passed by Juvenile Justice Board dated 8.6.2023 and the appellate court dated 10.11.2023 are, hereby, set aside and present Criminal Revision is hereby, allowed .

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It is directed that delinquent/applicant be released on bail on executing personal bond by the revisionist (mother of the delinquent) and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board concerned on following conditions:-

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(i) The revisionist/mother will furnish an undertaking that upon release on bail the revisionist will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or psychological danger and further that the mother will ensure that the juvenile will not repeat the offence.

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(ii) The revisionist/mother will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.

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(iii) Juvenile and the revisionist/mother will report to the Probation Officer on the first Monday of every calendar month.

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(iv) The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board, concerned on such a periodical basis as the Juvenile Justice Board may determine.

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Order Date :- 6.12.2023 A. Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

X (Minor) v. State of U.P. and Another

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X (Minor) v. State of U.P. and Another

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