MATADIN Vs. STATE OF M P

JUDGEMENT

(1.) This application for bail u/s 439 (1) of the Cr. P.C. has been moved on behalf of Matadin who has claimed himself 15 years of age. It appears that accused-applicant was arrested on 25.3.1994 in connection with crime No. 67194 under the Narcotic Drug and Psychotropics Substances Act, 1985 (hereinafter called the N.D.P.S. Act). It was claimed that the land where the cannabis plants GANJE KE PEDT were standing is owned and possessed by coaccused Bhagwan Singh and he cultivated the land himself. The applicant is less than 16 years of age. The learned special Judge granted him bail till 29.4.1994 for appearing him in examination.

(2.) I have heard the learned counsel for the petitioner as well as the State at length. The learned counsel for the applicant contended that the applicant is less than 16 years of age and his case has to be governed by the provisions of the Juvenile Justice Act, 1985. The learned special judge should have proceeded to hold an enquiry about the age and should have acted thereafter in accordance with the provisions of the Juvenile Justice Act in case the applicant was found below 16 years, of age. He also pointed out that the copy of the school certificate shows the applicants date of birth as 15.6.1979 which clearly goes to show that he is below 16 years of age. The learned counsel for the State contended that the applicant was shown of 18 years of age and as such the learned special judge rightly rejected the application.

(3.) I have considered the contentions raised by the learned counsel for the parties.