JODHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) The appellant and one Sandeep Singh were apprehended by the SP/Anti Smuggling Squad on 26.09.2012 near Gurdwara Atari Sahib Sulthanwind, Amritsar while they were waiting for a party to deliver the consignment of 2 kg Heroin on their Motor Cycle No. PB-02-BC-1089. FIR No. 26 dated 26.09.2010 was registered by PS State Special Operation Cell under Sections 21, 25, 29, 61, 85 of the NDPS Act. An application was filed by the appellant before the Judge, Special Court, Amritsar for sending the case against him to the Juvenile Justice Board for trial.

(3.) The appellant stated before the Judge, Special Court, Amritsar that he was a juvenile on the date of the incident since he was born on 20.07.1996. A certificate dated 19.10.2010 issued by the Government High School, Naushehra Cheema (Tarn Taran) was also produced in support of his contention that his date of birth was 20.07.1996. The application was opposed by the State stating that during interrogation, he had stated he was born in the year 1991 and as such he was not a juvenile on the date of the incident. Further, reference was also made to the certificate issued by the Chowkidar of the village which showed that the date of birth of the appellant was 05.07.1993.