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2017 (6) TMI 252 - PUNJAB & HARYANA HIGH COURTProof of juvenility - Grant of regular bail in complaint case registered under Sections 21, 23, 25, 27-A, 28 and 29 of the NDPS Act read with Customs Act, 1962 and Arms Act, 1959 - Held that:- In view of Section 37 of the Act, petitioner is stated to be in the age group of 16-18 years as on the date of commission of offence. The child between the aforesaid age group cannot be treated to be juvenile keeping in view the amended provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 for which an assessment is to be made by the Magistrate in respect of mental faculty of the accused. The grant of bail to Chanan Singh @ Channa is in no way entitles the petitioner for the said relief. The confessional statement of the petitioner ultimately led the DRI officers to arrest Prakash Singh @ Mintu along with huge consignment of narcotic drugs weighing 30.498 Kgs of heroin, one pistol, 61 live cartridges and 4 empty magazines. There are no reasonable ground for believing that the petitioner is not involved in the offence and there is no likelihood of his committing any offence while on bail at this stage. The juvenility of the petitioner is yet to be determined, therefore, keeping in view the involvement of the petitioner and taking into consideration, the recovery of huge quantity of heroin, at this stage, petitioner is not entitled to concession of regular bail. The present petition stands dismissed.
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