KULDEEP SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard the matter finally with the consent of parties through Video Conferencing.

(2.) Brief facts of the case are that on 21/07/2020 information has been received to the police regarding illegal transportation of Poppy Straw. On the basis of this, police reached on the spot and seized 100 Kg. of Poppy Straw from the possession of co- accused Rais Khan and other co-accused namely; Saddam who ran away from the spot. During investigation, police recorded the statement under Section 27 of the Evidence Act of Rais The High Court Of Madhya Pradesh Khan that the seized Poppy Straw has been received from Udai Singh and present applicant. The police, thereafter, lodged a report vide Crime No.156/2020 for offence under Sections 8/15 and 8/29 of NDPS Act. On the basis of the aforesaid, the present applicant was arrested. Thereafter, applicant filed application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000. The said application was dismissed by the Juvenile Board. Against the said order, the applicant has preferred an appeal before the learned Sessions Judge, which was also dismissed. Being aggrieved by that order, the applicant has filed this revision.

(3.) Learned counsel for the applicant submits that both the Courts below have erred in rejecting the prayer for releasing the applicant on supurdginama. The learned Courts below have also passed the order without looking to the status report and future of the juvenile. Both the Courts below in their order has held that the family background of the applicant is good and there is no previous criminal record of the present applicant. He further submits that the applicant is a student and, therefore, the Courts below should have allowed the application preferred by the applicant. He further relied on the order passed by this Court in the case of Raj Kumar Vs. State of M.P. reported in [2008 (I) MPWN 94] as well as the judgment passed by the Chhattisgarh High Court reported in the case of Sandeep Vs. State of Chhattisgarh reported in [2007 Cri. L.J. 1942].