Ker HC | Court grants bail to juvenile for offences under Narcotic Drugs and Psychotropic Substances Act, 1985 however commission of similar offence during bail shall result in cancellation of bail

Kerala High Court: Alexander Thomas, J. disposed of an application for bail relating to offences under Narcotic Drugs and Psychotropic Substances Act, 1985.

In the present case, the petitioner was found in possession of 495 cannabis near the Govt. Boys Higher Secondary School, Neyyattinkara, Thiruvananthapuram for its sale among School and College students. Thereafter, a case was registered by the police under Sections 20(b)(ii)(A) and 29(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS’) and section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and has been under detention since then.

The counsel representing the petitioner, Sasthamangalam S Ajithkumar, submitted that the allegations are false and baseless and further that the offences alleged as per the NDPS Act are bailable and further that the only non-bailable offence alleged in this case is the one as per Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and that the prosecution does not even have a case that the accused persons have in fact sold any such contraband to the school or college children. 

The public prosecutor for the State, Amjad Ali, opposed the plea for bail since there is a possibility that the petitioner shall commit the same offences again. 

The High Court upon perusal of facts and circumstances of the case, more particularly taking into account, the fact that the only non-bailable offence, in this case, is the one as per Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and also taking into account, the fact that the petitioner has already suffered detention since 04-10-2019, disposed of the application and granted bail to the petitioner. The Court, however, stated that if the petitioner commits the further offence of a similar nature during the time of bail then the Prosecuting Agency or the Investigating Officer concerned shall immediately conduct a proper enquiry and file a report to the Jurisdictional Magistrates Court. [Joyal S. Johny v. State of Kerala, 2019 SCC OnLine Ker 3712, decided on 31-10-2019] 

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