AKHIL SAHNI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present revision petition has been filed to challenge impugned order dated 06.05.2013 passed by Additional Sessions Judge (Judge Special Court) Ludhiana in case SC No. 35 of 21.05.2013 in case FIR No. 24 dated 13.02.2013 under Sections 20/61/85 of NDPS Act at Police Station Sadar Raikot.

(2.) LEARNED counsel for the petitioner submits that an application was moved by the petitioner for declaring him as juvenile only on the basis of ossification test/report issued by the Civil Hospital, Ludhiana where as, as per birth certificate of the petitioner, his actual date of birth is 02.08.1997. The application was dismissed and the said FIR was registered on 13.02.2013. As per birth certificate, the petitioner was juvenile at the time of alleged occurrence. Learned counsel also submits that this certificate was not available at that time and subsequently by making all efforts, he has got the certificate which clearly shows that the petitioner was juvenile at the time of commission of the offence.

(3.) LEARNED State counsel on the basis of reply submits that the factum of juvenility should have been decided by the Juvenile Justice Board but no such plea was raised at that time and as per ossification test, the petitioner was not juvenile. Learned State counsel also submits that even after framing of the charges, all prosecution witnesses except two have been examined and the date fixed before the trial Court is 04.03.2015.