UJALA PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this application under Section 482, Cr.P.C., 1973 the petitioners challenge the order dated 08.09.2016 passed by the learned Special Judge-cum-Sessions Judge, Gajapati in G.R. Case No. 34 of 2015 holding that the petitioners are not juveniles on the date of alleged commission of offence by them.

(2.) Petitioners have been implicated in the aforesaid G.R. Case in the Court of the learned Special Judge-cum-Special Judge, Gajapati, Parlakhemundi for alleged commission of offences under section 20 (b) (ii) (c), 25 and 27 of the NDPS Act. The Case arose out of R. Udaygiri P.S. Case No. 44 of 2015 dated 30.08.2015 which was registered on the basis of FIR lodged by the S.I. of Police R. Udaygiri P.S. to the effect that having received reliable information on 30.08.2015 that Gajna (Cannabis) will be transported in a Mahendra Bolero Pick-up Vehicle through Kirama-Chudanagar Road, the informant along with other police staff waited by the side of the road near village Jarigidua. It is alleged that at about 3:00 A.M. one Mahendra Bolero Pickup Vehicle having Registration No. OD-07F-7751 came on the road from Kirama side. The informant detained the vehicle for verification and found that two persons including the driver were sitting in the cabin of the vehicle whereas four persons were sitting in the data of the said vehicle. It was further found that fourteen number of large jari bags packed with contraband ganja and two motor cycles were loaded on the data of the said vehicle. The informant drew up F.I.R. and took up investigation. On completion of investigation charge-sheet was filed against the petitioners and some others on 04.02.2016.

(3.) On 26.08.2016 the petitioners filed a petition before the learned Special Judge-cum-Sessions Judge, Gajapati claiming themselves to be juveniles on the date of the alleged occurrence.