Sadeeq Vs State etc

I

JUDGMENT SHEET

V IN THE PESHAWAR HIGH COURT

JUDICIAL DEPARTMENT.

Cr Misc (Reil A.nnlicat ion) No.l10GP/2 125

ORDER

Date ofhearing 30rh Aprit, 2025

Petitioner By Mr. Amjad Ali Afridi, Advocale (Sadeeq) Accused-petitioner (produced from jail on court notice).

Respondent By Mr. Muhrmmrd Khalid, (State) Standing Counsel.

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s. M. ATTIOUE sHAtl. Adt.- Sadeeq, petitioner herein, who is charged in a case registered against him & others under Section 9(1) l3(e) I 15 ofthe Control ofNarcotic Substances Act, 1997 I 468 I 471 I 473 PPC vide FIR No'18, dated 04.03.2025 in Police Station ANF, Peshawar, has sought his release on bail on the ground that not only he has been falsely involved in the instant case as nothing has been recovered from his possession but since he is a teenager about thirteen years of old, therefore, under Section 6(3) of the Juvenile Justice System Act, 2018, he is entitled to be released on bail, notwithstanding, merits of the case.

2.As against that, the leamed Standing Counsel appearing on behalf of the ANF argued that recovery of huge quantlty of Charas i.e. 21.600 kitograms has been effected from the vehicle, driven by him at the relevant time while co- accused were accompanying him, therefore, bail cannot be

granted only keeping in view factum of tender age of the accused-petitioner.

3 Pursuant to directions of this court dated 28.01.2025 the accused-petitioner has been produced from jail today.

4 Since the matter in hand relates to the release of a juvenile accused on bail, therefore, section 6 of the Juvenile Justice System Act, 2018 being more relevant is reproduced herein below for ease ofreference:-

6.Release of a juvenile on bail (l) Nowithstanding anything contained in the Code, a juvenile accwed of bailable offence shall, f already not released under section 496 of the Code, be released by the Juvenile Court on bail with or without surety unless it appears that there are reasonable grounds for believing that the release of such juvenile may bring him in association with criminals or expose him to any other danger. In this situation the juvenile shall be placed under the custody of a suitable person or Juvenile Rehabilitation Centre under the supervision of probation fficer. The juvenile shall not under any circurnstances be lrzpt in a police station under police custody or jail in such cases.

In the ibid section of law, the phrase "Juvenile Rehabilitation Centre" has been used while establishment of such Juvenile Rehabilitation Centers has been provided in section 20 of the Juvenile Justice System Act, 2018, which reads as under:-

20.Establishment and certiJication of observation homes and luvenile Rehabilitatton Centres. (1) The

Government may establish and maintain observation Home and Juvenile Rehabilitation Cenlres for the reception ofjuveniles, including separate centres for female juvenile.

(2)The Government may cefiify an observation home or a Juventle Rehabtlitation centre managed or controlled by a non-governmental organization for r e c ept ion ofj uv enile s.

(3)The Government may certifi an already established association or society in any local area for social reintegration or rehabilitation of a juvenile offender who is released on parole or discharged from a Juvenile Rehabilitation Centre and may regulate activities and functtons of such released or discharged juvenile offender in the prescribed manner.

5.On 22.04.2025, keeping in view the ibid provisions of law, this court, put on notice Mr. Waqar Orakzai, AAG in the case and directed him to confirm the status / existence of Juvenile Rehabilitation Center in Central Jail, Peshawar as well as existence of any other Rehabilitation Center in Peshawar. However, today, this court has been informed that at present there is no such Juvenile Rehabilitation Center in the Center Jail, Peshawar' That is how, this court thought it fit to hear the instant petition on merits by keeping in mind the explicit language of sub-section 3 of section 6 of the ibid Act, which reads as under:-

(3)Where a juvenile is arrested or detained for commission of a minor or a major offence for the purposes of this Act, he shall be treated as d he was accused of commission ofa bailable offence.

6.Now moving towards merits of the case. Granted that a huge quantrty has been recovered tom the vehicle, allegedly driven by the accused-petitioner at the relevant time, however, as per the available record, he is a teenager and as per card of arrest, his age has been shown as 13 years, which has not been disputed by the learned AAG. Moreover, when the accused-petitioner was produced before the Court, apparently, he also seems to be of the same age.

While hearing bail application of a juvenile, the only thing which has to be seen is whether releasing the said accused-petitioner will defeat the ends of justice. Bail of a juvenile can be refused only in exceptional circumstances, where it appears to the Court that release of the accused- petitioner is likely to bring him in association of any known .'

criminals or expose him to moral, physical and psychological danger or that his release would defeat ends ofjustice. In the case in hand, apparently, there is no reasonable apprehension that the release of accused-petitioner will bring him in to association with criminals or expose him to physical and moral danger, therefore, in view of Section 6(3) of the ibid Act, this court, in the peculiar facts and the circumstances of the case, does not feel persuaded to withhold the concession of bail to him, that too, when the accused-petitioner is admittedly a first offender and is behind the bars since 04.03.2025 and is no more required for further investigation or interrogation pulposes

7.For the reasons discussed above, this petition is allowed and the accused-petitioner is directed to be released on bail on furnishing bail bonds in the sum of Rs.1,00,000/- (Rupees one lac) with two sureties, each in the like amount to the satisfaction of the leamed Illaqa / Duty Judicial Magistrate, who shall ensure that the sureties are local, reliable and men of means.

The observations recorded in this order, being purely tentative in nature, shall in no way prejudice the proceedings before the leamed trial court where the case be decided on its own merits after recording evidence.

Before parting with the judgment, this court has observed with a degree of concern that despite specific provision of section 20 of the Juvenile Justice System Act, 2018 with respect to establishment and certification of observation homes and juvenile rehabilitation centers for the reception of juveniles and separate centers for female juveniles, still no such center or for that matter observation home has as yet been established. Meaning thereby, that the ibid Act has not been implemented in its true letter and spirit. The law is not simply a formality rather it is a binding obligation and a necessary force that upholds order, protects rights, and ensures justice in society. The enforcement of a law / statute is not optional but a mandatory and vital duty entrusted to every state functionary, a responsibility that comes with the authority and power vested in their

positions. Non-implementation of laws resulting in the violation of the rights of those whom the law seeks to protect. This court understands that due to such like recklessness and irresponsible attitude of the authorities of the provincial government, the culprits get benefit in the shape of their release on bail in view of peculiar facts and circumstances of the case' Accordingly, the worthy Additional Chief Secretary, Home and Tribal Affairs Department and the worthy Inspector General @risons) are directed to fumish their separate / independent and comprehensive reports with regard to non-establishment / non-existence of Observation Homes and Juvenile Rehabilitation Centers in the Jail Premises as well as in non-govemmental organizations for reception ofjuveniles, within a fortnight positively before the Additional Registrar (Judicial) ofthis court so as to place the same before the Bench for its perusal in Chamber' Above are the reasons for this courts' short order of even date.

Anno unced

30.04.2025 ACTING CHIEF JUSTICE

(Fayaz shtngu) $.8) tusttce S' M' Attioue Shah' IIACJ