Dismissed

Akshay Kumar Gupta v. State of Chhattisgarh

Chhattisgarh HC17 Feb 2022MCRC/3/2022

Case brief

AI extract

What is this about?

In an NDPS bail application, the applicant claimed juvenility based on an unattested mark-sheet regarding a 148 kg Ganja seizure. The court dismissed bail due to the serious nature of the charges and commercial quantity of drugs but directed the lower court to initiate a juvenility inquiry.

What did the court decide?

Bail application dismissed. Applicant directed to raise juvenility issue before the lower court, which is directed to inquire under Section 9 of the Juvenile Justice Act.

Akshay Kumar Gupta Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 3 of 2022

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Akshay Kumar Gupta S/o Shiv Pujan Gupta, aged about 19 years R/o Vill. Pokhra, Police Station Babhni, Tehsil Dudhi, District Sonbhadra (U.P.)

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---- Applicant

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Versus

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State of Chhattisgarh through Station House Officer, Police Station Dongripali, District Raigarh (C.G.).

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---- Respondent

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For Applicant : Mr. Arun Kumar Shukla, Advocate For Respondent : Mr. Alok Nigam, GA

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Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board

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17/02/2022

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Heard.

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The applicant has preferred this first bail application under Section 439 of Code of Criminal Procedure, 1973 in connection with Crime No. 71/2021 registered at Police Station Dongripali, District Raigarh (C.G.) for the offence punishable under Section 20(B) of the Narcotic Drugs & Psychotropic Substances Act.

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Prosecution story in brief is that on 26/10/2021 the police officials received a secret information that some persons are transporting Ganja in a pick-up vehicle. On search, the police officials seized 148 kg of Ganja from the possession of the applicant. The applicant has been arrested on 27/10/2021.

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Counsel for the applicant submits that the applicant is innocent and falsely implicated in the present case. The applicant is cleaner of the vehicle from which the contraband was seized. He further submits that the applicant is minor boy aged about 17 years. His date of birth is 01/05/2004. A copy of the mark-sheet

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has been annexed with the bail petition. He prays that the applicant is juvenile who is in jail since 27/10/2021, therefore, he may be released on bail

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On the other hand, learned counsel for the State opposes the bail application.

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Heard counsel for the parties.

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Copy of the mark-sheet annexed with the bail petition does not bear any attestation from the Hariyoday Vidhya Mandir School. However, on putting query to the counsel for the applicant, he submits that he is having the original copy of the mark-sheet with him. Further on query to the counsel for the applicant, he admits that the issue of juvenility of the applicant was not raised before the Court below.

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Having considered the submissions of the parties, the manner and quantity of contraband seized from the applicant which is commercial in nature and the allegations is serious in nature, I am not inclined to grant bail to the applicant at this stage.

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Accordingly, the bail application is dismissed. However, the applicant is at liberty to raise the issue of juvenility before the concerned Court below and the said Court shall firstly initiate the necessary inquiry in terms of Sub sections 2 & 3 of Section 9 of the Juvenile Justice (Care and Protection) Act, 2015 as early as possible. Let a copy of this order be sent to the concerned Court today itself for necessary compliance. Copy of this order be also sent to the office of Advocate General for necessary Action.

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Rahul

Akshay Kumar Gupta v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Akshay Kumar Gupta v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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