PRITAM SINGH (MINOR) Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY way of this revision under Section 53 of Juvenile Justice (Care and Protection of the Children) Act, 2000 read with Sections 397, 401 of Cr.P.C. the revisionist has challenged the order dated 10.09.2007 passed by Session Judge, Udham Singh Nagar in Misc. Appeal No. 36 of 2007 by which the order dated 01.09.2007 passed by Juvenile Justice Board was confirmed. Brief facts of the case are that an incident under Section 18/ 20 of N.D.P.S. Act is alleged to have taken place on 10.07.2007. The allegations against the applicant / revisionist was that he was in possession of the narcotics substance on that day. The revisionist during the course of the trial claimed himself to be the Juvenile and the Juvenile Justice Board rejected the application of the revisionist considering him to be major.

(2.) THE applicant filed the appeal and the appellate court also confirmed the order passed by the Juvenile Justice Board /Chief Judicial Magistrate, Udham Singh Nagar.

(3.) IT appears to me that the Juvenile Justice Board while holding the enquiry in order to determine the age of the accused has not followed the procedure envisaged under Rule 22 of the Uttaranchal Juvenile Justice (Care and Protection of Children) Rules, 2002.