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New Delhi, August 12 (HS). Noida Juvenile Justice Board (JJB) has granted interim bail to five minors arrested for organizing a rave party in a flat of Supernova Society located in Sector 94. JJB Principal Magistrate Aakriti and Judicial Member Arun Gupta ordered the release of the five minors on interim bail on personal bond of Rs 25,000 each. JJB has also ordered the removal of several sections imposed on the minors by Noida Police.
Noida JJB ordered the release of the minors on interim bail till the proceedings of declaring them juvenile and social investigation are completed. JJB directed the guardians of these minors to take care of them. JJB said that the guardians of the minors will keep them away from criminal activities besides giving them proper education and counseling.
The Noida police produced these minors before the JJB. The Noida police had charged these minors under Section 292 of the Indian Justice Code, Sections 60 and 63 of the UP Excise Act, Sections 7, 8 and 22 of the Tobacco Control Act, Sections 21 and 22 of the NDPS Act, Sections 77 and 83 of the Juvenile Justice Act, Section 21(1) of the POCSO Act and Sections 3 and 5 of the Immoral Traffic (Prevention) Act.
The JJB found that a chillum was found but no drugs were recovered. The JJB then ordered that sections 21 and 22 of the NDPS be dropped against the minors. The JJB found that there was no evidence of the minors providing drugs to another child. The JJB then ordered that section 77 of the Juvenile Justice Act be dropped against the minors. The JJB found that section 83(2) of the Juvenile Justice Act deals with the use of adults for illegal activities. When asked, the investigating officer could not explain how these sections were applied to these children. The JJB also ordered that section 83 of the Juvenile Justice Act be dropped.
The JJB found that the police could not explain why Section 21(1) of the POCSO Act was imposed against the minors while this Act has a provision that a minor should complain that a crime has been committed against him/her. No minor has made any complaint in this case. The JJB found that Sections 3 and 5 of the Immoral Traffic (Prevention) Act were also wrongly imposed against the minors. During the production, the investigating officer could not provide any evidence of prostitution. The JJB said that the provisions of Sections 3 and 5 of the Immoral Traffic (Prevention) Act are meant for brothels.
The JJB found that the Noida police had recovered 17 liquor bottles and a chillum from the spot. Apart from this, no tobacco product was recovered. The JJB said that sections 7, 8 and 22 of the Tobacco Control Act relate to warnings on cigarettes and tobacco products. In such a situation, the recovery of cigarette packets and chillum is not sufficient for these allegations.
The JJB said that these minor children had joined the party by paying some money and were creating a ruckus after drinking alcohol. In such a situation, only section 292 of the Indian Penal Code and section 60 and 63 of the UP Excise Act are applicable against these minors.
