MOMIN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application made under Sec. 439 Cr.P.C., seeking bail by the accused-petitioner, namely, Momin Ali in connection with Special NDPS Case No. 43/2021 (corresponding to Bazaricherra Police Station Case No. 85 of 2021), registered under Ss. 21(c)/29 of the NDPS Act, 1985.

(2.) Heard Mr. N.J. Dutta, learned counsel for the accused-petitioner as well as Mr. B.B. Gogoi, learned Additional Public Prosecutor, representing for the State respondent.

(3.) The learned counsel for the petitioner, referring to the Annexure-6, has submitted that the date of birth of the petitioner is 25/5/2005 and as such, he is a minor. Therefore, he has submitted that the question of juvenility of the petitioner be determined first and for that as submitted by him, the matter be referred to the learned jurisdictional Special Judge.