Neem Dan Vs. State of Rajasthan

customs act, 1962 - section 145. and criminal procedure code--section 439(2)--bail--minor role of petitioner in loading silver in truck--investigation over--held, accused be released on bail and (ii)--petitioner's statement of carrying gold & silver from one place to another--notice to cancel bail be issued.;the role of this petitioner is very minor. silver was not recovered from his possession and it was only for earning some money that this petitioner associated himself with the transport of silver.;this petitioner in his statement stated that earlier also he had worked for carrying of gold and silver from one place to another.;the investigation is over and complaint has been filed this petitioner can be released on bail on proper conditions.;therefore it is considered proper to issue notice to nimbaram and bhukaram as to why the bail granted to them should not be cancelled.;order accordingly - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 .....m. kapur, j.1. this petitioner is facing trial for the offence under section 145 of the customs act. in brief, the facts are that from one truck no. g.j. 7t-7115 about 94 kg. silver was recovered when it was proceeding from barmer to palanpur (gujarat). the driver of the truck was nimbaram and anr. person bukharam was also sitting in it. these persons were arrested and in their statements they stated that the silver was sent by one surajdan and bhimaram and the present petitioner nimbaram had assisted in loading the silver in the truck.2. it has been contended that nimbaram and bhukaram who were in the truck when the silver was recovered, have been released on bail by the sessions judge and reliance has been placed on 1991 (r.c.c.) 282.3. learned counsel for the customs department has contested this application and contended that this petitioner in his statement stated that earlier also he had worked for carrying of gold and silver from one place to another. reliance has been placed on 1992 crimes (iii) 928 and 442.4. looking to the facts and circumstances of the case and the part attributed to this petitioner it can be said that silver was not recovered from his possession but he had loaded the same in the truck.5. considering that the investigation is over and complaint has been filed this petitioner can be released on bail on proper conditions:6. it is, therefore, ordered that accused petitioner nimbdan s/o jagdan be released on bail provided he furnishes a personal bond in the sum of rs. 20,000/-(rupees twenty thousand) with two sureties in the amount of rs. 10,000/- each to the satisfaction of the trial court with the stipulation to appear in that court as and when called upon to do during the pendency of the trial against him in this case, with the conditions that:(i) petitioner shall not keep any gold or silver or any other smuggled article in his possession:(ii) he shall not transport any such article:(iii) he shall not associate himself in any manner with.....