DEVENDRA CHAGANLAL PANDYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Criminal Application is filed against the order dated 28 July. 1992 passed by the Special Judge. for Greater Bombay. in N.D.P.S. Bail Application No. 388 of 1992 in R.A. No. 113 of 1992.

(2.) IT is the case of the respondent that the petitioner together with two more persons when apprehended during the course of raid on 25 -6 -1992, were found in possession of 500 grams of Brown -sugar. The present petitioner who was at the time of the offence 16 -1/2 years of age. filed application for grant of hail before the Special Judge for Greater Bombay. It was contended on behalf of the present petitioner that the petitioner being minor Juvenile Justice Act, 1986 is applicable and therefore, is entitled for the grant of bail. However, the trial Court after taking into consideration the School Leaving Certificate came to the conclusion that on the date of the offence i.e. on 25 -6 -1992 the petitioner was of 16 -1/2 years of age while under section 2(h) which defined Juvenile in relation to a boy, who has not attained the age of 16 years, in view of this the Trial Court carne to the conclusion that Juvenile Justice Act, 1986 is not applicable to the present petitioner. This particular finding given by the trial Court is not assailed by Mr. Lalla. the learned counsel appearing on behalf of the present petitioner. However. Mr. Lalla, strongly contended that since the petitioner was 16 -1/2 years of age. the petitioner is still entitled to the bail application under N.D.P.S. Act, more particularly taking into consideration section 33 of the N.D.P.S. Act. It is contended on behalf of the petitioner that section 33 which is as under:

(3.) AFTER going through the aforesaid provision section 33, it is clear that the provision of section 360 of the Criminal Procedure Code of 1973 and section 6 of Probation of Offenders Act, 1958. are applicable to the persons convicted of an offence under N.D.P.S. Act and this being the position. it was contended that the petitioner will he entitled to the grant of hail even within the meaning of section 37 of the N.D.P.S. Act. It is an admitted position that for the grant of hail, under N.D.P.S. Act, relevant provision is section 37 which is as under: Section 37 : Offences to be congizable and non -bailable.