UNION O INDIA Vs. SHABIR ALIAS BHURA

JUDGEMENT

(1.) Heard learned counsel for the Revisionist and learned counsel for the opposite party.

(2.) This Criminal Revision has been preferred under Section 53 of Juvenile Justice (Care and Protection of Children) Act, 2000 against the impugned order dated 5.7.2008 for inquiry afresh passed by the learned Juvenile Judge, Lucknow in Criminal Case No. 278 of 2006(Union of India v. Shabbir) under Sections 8/21/29, NDPS Act, challaned by Central Bureau of Narcotics, Lucknow.

(3.) The brief facts of the case are that a complaint was filed by the Central Bureau of Narcotics, Lucknow, in the Court of Sessions Judge, Lucknow against the four accused, namely, Abdul Aziz, Sairabi alias Praveen, Ibrahim and Shabir alias Bhura, who were arrested outside Charbagh Railway Station and two kg. heroin was recovered from the bag of accused Ibrahim. Accused Sairabi alias Praveen and Abdul Aziz died during trial and the learned trial Court proceeded against rest of the two accused, namely, Ibrahim and Shabir alias Bhura. During trial six prosecution witnesses were examined. After the statement of accused Ibrahim and Shabir alias Bhura under Section 313, Cr.P.C. in defence accused Shabir alias Bhura examined his father, Lau Bhaiya as defence witness. On the basis of medical examination report, the accused Shabir alias Bhura was declared juvenile by the learned trial Court/Special Judge (E.C. Act), Lucknow and by the order dated 4.11.2006 his case was sent to Juvenile Justice Board for further proceeding of the case and the accused was directed to appear before the Juvenile Board for further proceeding on 15.11.2006. The learned Special Public Prosecutor for Union of India moved an application before the Juvenile Justice Board that the original file in which statement of witnesses were recorded, be summoned from the Court of Special Judge, (E.C. Act), Lucknow but Juvenile Justice Court refused to do so, as such an application was moved before the learned Special Judge, (E.C. Act), Lucknow where the statement of the witnesses were recorded, for sending the original file of Criminal Case No. 87/1999 (Union of India v. Ibrahim and others) under Sections 8/21/29, NDPS Act, challaned by Central Bureau of Narcotics, Lucknow to Juvenile Justice Board. Learned counsel for the revisionist has submitted that the co-accused Ibrahim was convicted by the learned Special Judge, (E.C. Act), Lucknow in the aforesaid case Crime No. 87/1999 (Union of India v. Ibrahim and others) under Section 8/21 of the NDPS Act and has been sentenced for 10 years rigorous imprisonment? with a fine of Rs.1.00 Lakh against which the convict Ibrahim had filed the Criminal Appeal No. 2510 of 2006 before this Court which was admitted on 7.12.2006 and subsequently by the order dated 21.9.2007 co-accused Ibrahim was enlarged on bail.? It is also submitted that an application was moved before this Court in the aforesaid criminal appeal No. 2510 of 2006 and the Court was pleased to order to send the file to the Board. An objection was raised by the accused Shabir alias Bhura that the proceedings before the learned Special Judge (E.C. Act), Lucknow be ignored and a de-novo trial/inquiry afresh be held by the Juvenile Justice Board. The said objection was upheld by the Juvenile Justice Board and the Court has decided by the impugned order dated 5.7.2008 to inquire into the matter afresh ignoring the proceeding already held before the Trial Court/learned Special Judge, (E.C. Act), Lucknow. The aforesaid order dated 5.7.2008 passed by the Juvenile Justice Board (hereinafter in short the Board) has been challenged before this Court.