UNION OF INDIA Vs. RAM KUMAR MEHTA

JUDGEMENT

(1.) Heard learned counsel for the Union of India- revisionist, learned counsel for opposite party and perused the relevant record.

(2.) The instant revision has been preferred under Section 53 of Juvenile Justice (Care & Protection of Children) Act, 2000 against the order dated 11th November 2009 passed by the Sessions Judge, Lucknow in Criminal Appeal No.313 of 2009 ( Union of India Vs. Ram Kumar Mehta) arising out of Criminal Case No.15A of 2006, under Sections 8-C/20 (B) (II) (C), 29/25 of N.D.P.S. Act challaned by Directorate of Revenue Intelligence, Lucknow and order dated 15th October, 2009 passed by Juvenile Justice Board, Lucknow in Criminal Case No.15-A of 2006.

(3.) Brief facts giving rise to the revision are that the prosecution had moved an application under Section 326 Cr.P.C. read with Section 20 of the Juvenile Justice Act, 2000 for considering the statement already recorded by the trial court before adjudging the accused as juvenile. In the instant revision the charge was framed against Ram Kumar Mehta-accused on 20.3.2006. To prove the charges, P.W.1, P.W.2 and the Investigating Officer were produced. The evidence of Investigating Officer was going on and on 20.11.2008 documentary evidence was also submitted, which has been exhibited. from Ka-1 to Ka-18. The Sessions Judge vide order dated 20.11.2008 transferred the file for trial before the Juvenile Justice Board and directed that file be placed on 24.8.2008. The Juvenile Justice Board vide order dated 6.1.2009 declared the accused as juvenile.