SHER ZAMIR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision is directed against the order dated 20-4-2004 passed by the learned Special Judge (NDPS Act), Mandsaur in Special Case No. 90/1999.

(2.) LEARNED Counsel for the applicant has submitted that on the date of incident, i. e. , 31-5-99, the applicant Sher Zamir was below 18 years of age. Therefore, he should have been tried by the learned Juvenile Court. This point was raised by the applicant before the learned Special Judge (NDPS Act), Mandsaur who has decided this issue and according to the learned Judge, charge-sheet was filed on 11-8-99. On that day, the applicant was above 18 years of age. Therefore, he would not fall within the definition of 'juvenile'. On this analogy, the learned Trial Court dismissed the application.

(3.) HAVING heard learned Counsel for the parties and after perusing the impugned order, certificates filed by the applicant and the provisions of the Act, this Court is of the view that the applicant would not get benefit of Juvenile Justice Act, 2000 (for short 'act 2000'), which came into force on 1-4-2001, because the incident had occurred on 31-5-1999. The applicant was arrested on 31-5-1999 at 7. 00 P. M. and he must have been produced before the competent authority on 1-6-1999 because, the police can not keep the accused in its custody for more than 24 hours from the date and time of his arrest. So, on 1-6-1999 also the applicant was above 16 years of age, i. e. , he was aged 17 years, 10 months and 28 days according to his own school certificate and on that day the Act 2000 did not come into force and the case of the applicant was to be dealt with as per provision under Juvenile Justice Act, 1986 (for short 'the Act 1986'), which prescribes the age of juvenile as 16 years.