Background
A minor was accused of abetting the transport of cannabis in his role as a khalasi of a truck.
The minor’s counsel argued that the minor neither had knowledge of the contraband substance in the truck nor had anything to do with the seized contraband.The minor had earlier sought bail before the children’s court, which was rejected.IssueWhether Section 12 of the Juvenile Justice Act, 2015 override provisions of the Narcotic Drugs and Psychotropic Substances Act, 1987 (NDPS Act) in cases concerning juveniles.
Observation of the Court
1. The non-obstante clause contained in Section 12 not only confers a special status over the Code of Criminal Procedure, 1973, but also over any other law for the time being in force.
2.Further, no exception being carved out for the offences related to NDPS Act, sufficiently indicates that the intention of the legislature was to given an overriding effect to Section 12 of Juvenile Justice Act over Section 37 of the NDPS Act also.
3.The order under challenge had not been considered in terms of Section 12 of the Juvenile Justice Act, 2015.
Held
1. Since the minor was in the employ of persons who were involved in the illegal transportation of cannabis, hence, releasing him would bring him into close association with these persons.
2. The bail is dismissed.
3. Patna HC directed the Children’s Court to expedite the trial and conclude it within six months.
Lawcutor 