SHAMSHER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Instant revision has been filed against the order dated 15.10.2011 whereby the application of the petitioner for declaring him as juvenile has been declined by learned Additional Sessions Judge, Ludhiana exercising the powers of Special Court under Narcotic Drugs and Psychotropic Substances Act.

(2.) Shorn of unnecessary facts, the relevant facts for disposal of this revision petition are to the effect that against the petitioner, an FIR No.137 dated 15.07.2010 was registered at Police Station Sadar Ludhiana, under Section 21 of Narcotic Drugs and Psychotropic Substances Act and under Sections 467, 468, 471 and 411 of the Indian Penal Code (hereinafter referred as "IPC" in short). The said case was pending trial before the learned Additional Sessions Judge, Ludhiana wherein the petitioner moved an application for declaring him as juvenile on the ground that on the basis of ossification test conducted by doctors on 03.06.2011, he was declared as juvenile vide order dated 24.06.2011 passed by the Principal Magistrate Juvenile Justice Board, New Delhi, in case arising from FIR No.235/2010, under Sections 379, 411 and 382 of IPC, registered at Police Station Prashant Vihar, New Delhi. It is also mentioned in the application that as per the record of Municipal Corporation, Bathinda, date of birth of petitioner is 18.03.1993 and as such, at the time of commission of offence, the petitioner was juvenile and is required to be tried as per the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000.

(3.) Learned counsel for the petitioner has vehemently contended that as per the record of Municipal Corporation, Bathinda, date of birth of the petitioner is 18.03.1993 and he was a juvenile on the relevant date.