Gxxxx Vs State of Haryana — Narcotics (NDPS) | Punjab & Haryana HC (2025)

Gxxxx Vs State of Haryana — Narcotics (NDPS) | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Revision petition allowed: impugned order dated 15.01.2025 (PMJJB, Fatehabad) and impugned judgment dated 05.02.2025 (Special Judge, Fast Track, NDPS, Fatehabad) set aside; petitioner-CCL (aged 16½ years) ordered released on bail subject to furnishing bail/surety bonds to the satisfaction of the trial Court/CJM/Illaqa Magistrate/Duty Magistrate, if not required in any other case; petitioner not to extend any threat to or influence any prosecution witness directly or indirectly; prosecution may seek cancellation of bail if the parents fail to look after him or he contacts unsocial elements.

Issue for consideration

Whether the petitioner, a child in conflict with law aged 16½ years, arraigned under Section 21(c) NDPS Act and Section 109 of BNS, 2023, is entitled to bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000, despite rejection of bail by the PMJJB, Fatehabad and dismissal of appeal by the Special Judge, Fast Track, Fatehabad. +1 more

Court's answer

Taking note of all the circumstances, the provision of law i.e. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000, and the age of the petitioner-CCL (16½ years), the Court deemed it appropriate to consider the plea of bail at this stage.

Ratio / Principle

The impugned order dated 15.01.2025 of Ms. Vinti, PMJJB, Fatehabad and the impugned judgment dated 05.02.2025 of the Ld. Special Judge, Fast Track, under NDPS Act, Fatehabad are set aside, and the petitioner-GXXX is ordered to be released on bail subject to furnishing bail/surety bonds to the satisfaction of the learned trial Court/Chief Judicial Magistrate/Illaqa Magistrate/Duty Magistrate concerned, if not required in any other case.

Key takeaways

The discussion recorded in the judgment shall not be construed as an expression of opinion on the facts of the case; the trial Court is expected to decide the case by taking an independent view on the basis of the evidence available on record.obiter¶¶31
If it is found that the parents of the petitioner-CCL have failed to properly look after him, or that he has come into contact or company of unsocial elements involved in criminal activities, it shall be open for the prosecution to move an appropriate application for cancellation of bail.obiter¶¶33

Detailed headnote1 paragraphs

Juvenile in conflict with law, aged 16½ years (name masked as GXXX), arraigned in FIR No.373 dated 23.11.2024, PS Sadar Tohana, under S.21(c) NDPS Act and S.109 of BNS, 2023, concerning alleged recovery of 272 grams of heroin from the dashboard of car HR-27H-9695 (recovery not from his person or clothes) — regular bail declined by Ms. Vinti, PMJJB, Fatehabad on 15.01.2025, and appeal dismissed by Ld. Special Judge, Fast Track, under NDPS Act, Fatehabad on 05.02.2025 — revision allowed: in view of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 and the CCL's age, both orders set aside and bail granted on furnishing surety bonds; status report indicated no involvement in any other criminal case; all observations expressly not to be treated as an expression of opinion on the facts, trial Court to take an independent view; bail open to cancellation if parents neglect the child or he associates with unsocial elements.

CRR-548-2025

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

230

CRR-548-2025 Decided on : 03.07.2025

GXXX . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

Argued by: Mr. Kartar Singh, Advocate for the petitioner(s).

Mr. P.K. Jhanda, DAG, Haryana.

SANJAY VASHISTH, J. (Oral)

The present revision petition has been filed by the petitioner – Gxxx, aged 16½ years, for setting aside the impugned order dated 15.01.2025, passed by Ms. Vinti, PMJJB, Fatehabad, vide which regular bail granted to the petitioner – Gxxx in FIR No.373, dated 23.11.2024, u/s 21(c) NDPS Act and Section 109 of BNS, 2023, registered at Police Station Sadar Tohana, has been declined, and impugned judgment dated 05.02.2025, passed by Ld. Special Judge, Fast Track, under NDPS Act, Fatehabad, whereby, appeal filed by the petitioner/Juvenile in Conflict (CCL) has been dismissed.

Learned counsel for the petitioner submits that as per the allegations, the petitioner – CCL, along with one Mangal Singh s/o Gobind Singh, resident of Village Peeranwali Dhani, District Hisar, was found in a car bearing registration No. HR-27H-9695, which was lying parked in a suspicious condition. Upon noticing the police party, the driver of the car allegedly reversed it, resulting in injuries to SI Sumer Chand and SPO Rohtash. Thereafter, on conducting a search, 272 grams of heroin was

JAWALA RAM 2025.07.05 12:48 I attest to the accuracy and authenticity of this document

CRR-548-2025

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recovered from the dashboard of the said car.

Learned counsel for the petitioner – CCL argues that in fact, the petitioner – CCL was not involved in the crime in question, and even if the prosecution story is taken at its face value, there is every likelihood that the co-accused Mangal Singh sought to take undue advantage of the juvenility of the petitioner – CCL. It is further submitted that since the recovery was not effected from the person or the clothes worn by the petitioner – CCL, but rather from the dashboard of the car. The broader issue would be, whether the petitioner was in conscious possession of the contraband and had knowledge of its presence and its consequences.

Learned counsel further submits that the co-accused Mangal Singh is still in custody, and therefore, it can reasonably be expected that there is no likelihood of the petitioner – CCL coming into contact with persons involved in criminal or anti-social activities.

By referring to Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for brevity, ‘the Act’), learned counsel argues that petitioner – CCL is entitled for bail by applying the principle in general.

On the other hand, learned State counsel while filing the status report dated 02.07.2025 in Court today, argues that substantial material is already available in the present case to prove the case of prosecution. However, he is unable to controvert the other factual positions.

Besides, as per para No.13 of the status report, petitioner – CCL is not found to be involved in any criminal case.

Taking note of all the circumstances and noticing the provision of law, i.e., Section 12 of the Act, and also noticing the age of the petitioner JAWALA RAM 2025.07.05 12:48 – CCL (age 16½ years), this Courts deems it appropriate to consider the plea I attest to the accuracy and authenticity of this document

CRR-548-2025

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of bail at this stage.

Consequently, the impugned order dated 15.01.2025, passed by Ms. Vinti, PMJJB, Fatehabad, as well as the impugned judgment dated 05.02.2025, passed by Ld. Special Judge, Fast Track, under NDPS Act, Fatehabad, are hereby set-aside . Accordingly, petitioner – GXXX, is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case.

Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.

Any of the discussion done and recorded here-above, shall not be construed as an expression of opinion on the facts of the case. Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record.

Petition stands disposed of.

It is, however, made clear that in case it is found that the parents of the petitioner – CCL have failed to properly look after him, or that he has come into contact or company of any unsocial elements involved in criminal activities, it shall be open for the prosecution to move an appropriate application for cancellation of bail.

(SANJAY VASHISTH) JUDGE

July 03, 2025 J.Ram

Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

JAWALA RAM 2025.07.05 12:48 I attest to the accuracy and authenticity of this document