RAVI UL ISLAM Vs. STATE NCT DELHI

JUDGEMENT

(1.) This is a revision petition directed against the order dated 29.11.2005 passed by the Additional Sessions Judge whereby the petitioner's appeal against the order dated 27.10.2005 passed by the Juvenile Justice Board, Delhi was dismissed.

(2.) The facts leading to the present revision petition are that a charge- sheet under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in respect of FIR No.568/2004 was filed against the petitioner. The case of the prosecution is that on 23.11.2004, the petitioner was found in possession of 1.820 kgs of Charas. It is further pointed out that a sample of 80 grams was taken out and the same was sent to the Forensic Science Laboratory for testing which was subsequently found to be Charas. On 14.12.2004, the petitioner had moved an application for transfer of the proceedings to the Juvenile Justice Board inasmuch as the petitioner claimed to be a juvenile. That application was dismissed by the learned Additional Sessions Judge, New Delhi by an order dated 05.02.2005. The petitioner, being aggrieved by the said order, filed a Criminal Revision Petition [No.145/2005] in this court. By an order dated 27.09.2005, the said Criminal Revision Petition [No.145/2005] was allowed and the order dated 05.02.2005 was set aside and the entire matter was remanded to be dealt with in accordance with law. It was also clearly directed by this court by virtue of the order dated 27.09.2005 that the Juvenile (petitioner) is bound to be dealt with by and under the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the 'said Act').

(3.) Thereafter, the petitioner moved an application for bail before the Juvenile Justice Board and that application was dismissed by the said Board by an order dated 27.10.2005. Being aggrieved by this order, the petitioner preferred an appeal before the Sessions Court. The same has been dismissed by the order dated 29.11.2005 which is impugned herein.