X- JUVENILE Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Ali Hasan assisted by Mr. Istiyaq Ali learned counsel for the revisionist and Smt. Vijeta Srivastava, Advocate holding brief of Mr. Ashish Pandey, learned counsel for opposite party No.2/Intelligence Officer, Narcotics Control Bureau, Lucknow.

(2.) The brief facts of the case are that a first information report has been lodged on 18/8/2021 against Chhote @ Mohd. Sahid Khan, Raju@ Saif, Saleem, Shoeb, Faim, Nasim, Wasim, Munna and Hasim which was registered as Case Crime No. 253 of 2021 under Ss. 8/21/29/30/22C/ 25/27A NDPS Act at Police Station- Fatehganj Purvi District- Bareilly with the allegation that during raid by police 4 packets of 20 kg 9(each packets contain 5 kg) has been recovered from the possession of accused Chhote@ Mohd. Sahid Khan and Raju@ Saif who were arrested from spot whereas the others accused Nassem@ Munna, Saleem, Shoaib, Faim, Naim, Waseem, Hasim have runaway from the spot, whose name came into light in the statement of arrested accused, namely, Chhotey@ Mohd. Sahid Khan and Raju@ Saif recorded under Sec. 67 of the NDPS Act. The date of birth of revisionist on the date of alleged incident was 12/6/2007 i.e. 14 years 2 month 6 days, so an application was filed on behalf of revisionist before the Principal Magistrate, Juvenile Justice Board, Bareilly, who vide order dtd. 3/1/2023 declared the revisionist as juvenile. District Probation Officer, Bareilly sent his report dtd. 24/1/2023 before Principal Magistrate, Juvenile Justice Board Bareilly about the antecedents and family background of the revisionist/juvenile. On behalf of revisionist, a bail application was filed. Opposite party No.2 filed his counter affidavit/objection to the bail application of the revisionist. The learned Principal Magistrate Juvenile Justice Board, Bareilly after hearing the learned counsel for the parties rejected the bail application filed on behalf of the revisionist vide order dtd. 31/1/2023. Against the order dtd. 31/1/2023, a criminal appeal was filed on behalf of revisionist which was numbered as Appeal No. 7 of 2023. The Special Judge, POCSO Act/ Addl. Session Judge, Bareilly vide judgment dtd. 29/3/2023, dismissed the criminal appeal No. 7 of 2023 filed on behalf of revisionist hence this revision on behalf of revisionist before this Court through his aunty (mausi) under Sec. 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

(3.) This Court on 26/4/2023 admitted the revision and passed the following orders: