HC denies bail to juvenile, 17, in 6L ganja smuggling case

HC denies bail to juvenile, 17, in 6L ganja smuggling case
Raipur: The Chhattisgarh high court on March 12 dismissed a criminal revision petition filed by a 17-year-old juvenile seeking bail in a case involving the illegal transportation of 45 kg of ganja worth about Rs 6.75 lakh. Chief Justice Ramesh Sinha, presiding over the matter, affirmed the orders of the lower courts, noting the gravity of the offence and the commercial quantity of the contraband seized.Considering the gravity of the offence and recovery of a commercial quantity of 45 kg ganja, the court held that the juvenile's presence in the vehicle with the co-accused indicates prima facie involvement. The plea that he was merely accompanying them as a household servant cannot be accepted at this stage. The court found no illegality or perversity in the lower courts' orders rejecting bail," the high court observed.The matter dates back to Aug 7, 2025, when a team led by assistant sub-inspector Nilambar Singh Netam of Singhoda Police Station intercepted a car on National Highway 53 near Rehatikhol village of Mahasamund district during rural patrolling.Upon searching the vehicle, police recovered 45 kg of ganja valued at approximately Rs 6.75 lakh.
The juvenile was found in the car along with two others, Gagan Singh Bhatiya and Durgesh Kumar Sahu. The occupants reportedly told police the contraband was transported from Odisha to Raipur.Following the recovery, the police registered a case under Section 20(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. Given his age, the applicant's case was separated from the adult accused, and he was sent to an Observation Home in Mahasamund.Counsel Shalvin Sharma, appearing for the juvenile, argued that the lower courts failed to apply Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015. He contended that a minor should ordinarily be granted bail unless specific exceptional circumstances exist.The counsel said that the juvenile was merely a household servant of one of the co-accused and had no "conscious possession" of the drugs. He added that there were procedural lapses in the search and seizure, including a 12-day delay in producing the seized items before a Magistrate.The applicant had no prior criminal record, and his mother undertook to ensure he continued his studies. The state counsel, Shubham Bajpai, opposed the bail plea, citing the large quantity of drugs seized. He argued that the presence of the juvenile in the vehicle during the interstate transit indicated his involvement.After perusing the records, Chief Justice Ramesh Sinha observed that the recovery involved a commercial quantity of contraband. The court also noted that the bail application of the co-accused, Durgesh Kumar Sahu, was already rejected by HC on Feb 23, 2026.

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