Lawstreet Journal

Conditions as Enunciated in Section 37 of the NDPS Act, 1985 Not Applicable in Juvenile Cases: Patna High Court [READ ORDER]

Lawstreet Journal 29 Dec 2020 11:28pm

Image courtesy: Lawstreet Journal Judiciary Conditions as Enunciated in Section 37 of the NDPS Act, 1985 Not Applicable in Juvenile Cases: Patna High Court [READ ORDER]

The Patna High Court is of the view that the conditions as enunciated in Section 37 of The Narcotic Drugs and Psychotropic Substances Act, 1985, will not be applicable in the case of a juvenile.

Justice Sudhir Singh also opined that the intention of the legislature was to given an overriding effect to Section 12 of Juvenile Justice Act Patna High Court over Section 37 of the NDPS Act.

This sufficiently indicates that in the matter of granting of bail of a Juvenile, Section 37 of the NDPS Act has no bearing and the matter will be dealt in accordance with Section 12 of the Juvenile Justice Act, 2015. 

Section 12 of Juvenile Act provides Bail to a person who is apparently a child alleged to be in conflict with law.

Section 37 of the NDPS Act provides that what Offences under this act to be consider as cognizable and non bailable.

Brief Background of the Case:

The Patna High Court was hearing the instant appeal against the order passed by the Children’s Court under Sections 20(b), 23, 25 and 29 of the N.D.P.S. Act, whereby the prayer for bail made on behalf of the appellant (petitioner therein) having been rejected

It was alleged in the complaint that the appellant was working as a Khalasi of a truck where huge quantity i.e., 1814.70 kgs., of Ganja is said to have been recovered

Thereafter he took plea that he was a juvenile on the date of occurrence… Continue Reading...

Tagged: NDPS  
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