Patna HC flags security lapses after minors allegedly smuggle over 60 kg ganja from Assam

The Patna High Court has raised serious concerns over alleged security lapses after two minor boys were caught transporting more than 60 kg of cannabis from Assam to Bihar in an unregistered vehicle.

A single-judge bench of Justice Arum Kumar Jha, in an order dated September 15, directed the Senior Superintendent of Police, Patna, to conduct an enquiry into the matter within three months.

The court observed that the state's claim of having “foolproof security arrangements” for the safety of common people appeared to be a “hoax”.

The court expressed concern that the vehicle had travelled from Assam to Bihar carrying a commercial quantity of ganja without being intercepted.

“They could have easily carried explosives endangering the lives of common people,” the court observed.

The remarks came while the court allowed a revision petition filed by one of the minors after his bail application was rejected by the Juvenile Justice Board.

The two boys, both residents of Patna district, were intercepted by the Directorate of Revenue Intelligence (DRI) at Didarganj on the outskirts of Patna last year. They were reportedly the only occupants of a car that did not have a registration certificate.

Neither of the minors could produce a driving licence, according to the court order.

During interrogation, officials recovered 109 packets containing more than 60 kg of cannabis from a secret cavity inside the vehicle. The two were subsequently booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and declared Children in Conflict with Law (CICL) by the Juvenile Justice Board.

The Juvenile Justice Board later granted bail to one of the minors but rejected the bail application of the other, prompting him to approach the High Court.

While allowing the revision petition, the High Court also raised questions over the petitioner's claim that he had never attended school and therefore could not produce school documents as proof of age.

The court said the contention “does not appear to be believable in present days”.

The High Court directed the Patna SSP to conduct an enquiry and ascertain whether both individuals were indeed juveniles.

It further said that if the enquiry found that the boys had concealed material facts relating to their age or had engaged in fraudulent practices, the state would be at liberty to approach the Juvenile Justice Board seeking cancellation of their bail bonds and review of the order declaring them children in conflict with law.

The court's observations have put the spotlight on the movement of vehicles carrying narcotics across state borders and the mechanisms in place to detect such trafficking.