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Judgment
The revisions are directed against the order dated 03.10.2019 passed by the learned Additional Sessions Judge I Chatra, in Criminal (Juvenile) Appeal Nos.54 of 2019 and 55 of 2019 whereby the prayer for bail of the petitioners has been rejected in connection with Chatra Sadar P.S. Case No.57 of 2018 registered under Section 18 of NDPS Act.
Learned counsel for the petitioners has submitted that it would be evident from the impugned order that the preliminary assessment reports under Section 15 of the Juvenile Justice (Care and Protection) Act regarding the mental and physical capacity of the petitioners was not submitted to the Board. It is submitted that clause (e & f ) of Section 18 of Juvenile Justice (Care and Protection) Act, mandates that the child in conflict with law should be released on probation of good conduct and placed under the care of any parent, guardian or fit person or under the care and supervision of any fit facility for ensuring the good behaviour and child's well being for a period not exceeding three years.
It is submitted that father/guardian of the petitioners are ready and willing to give an undertaking to ensure proper care, well being and good behaviour and of the petitioners.
Mr. Ravi Prakash, Spl. P.P has submitted that 'heinous offence' is defined under Section 2(33) of the Juvenile Justice (Care and Protection) Act for which minimum punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force is imprisonment for seven years or more. It is submitted that 2.5 Kgs., of opium was recovered from the possession of the petitioners and they are aged about 16 and below 18 years.
Heard. It appears that 2.5 Kgs, of opium was recovered from the possession of the petitioners. In the attending facts and circumstances and considering the nature of the offence I am not inclined to enlarge the petitioners on bail.
Taking into account that the petitioners are in custody for two and half years, the Juvenile Justice Board shall expedite and conclude the enquiry at the earliest.
With the aforesaid direction the aforesaid revisions are, hereby, dismissed.