VIKRAM CHAUHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) CASE of the prosecution, in a nutshell, is that during the intervening night of 3/4.12.2012, a police party headed by Inspector/S.H.O., Police Station, Sadar, Solan set up a Nakka at Jatoli. A Tata Pick-up vehicle bearing registration No. HP-63-3975 came from Oachghat side at about 2.15 A.M. It was stopped by the Whether reporters of the local papers may be allowed to see the judgment? no police party. It was searched. From the vehicle, Charas weighing 2 kg 300 grams was recovered. F.I.R. No. 244/2012 was registered against the applicant and other co-accused on 4.12.2012 under sections 20-61-85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station, Sadar, Solan.

(2.) APPLICANT filed application under section 439 of the Code of Criminal Procedure before the Sessions Judge, Solan. The same has been rejected by him on 26.12.2012.

(3.) ACCORDING to section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000, necessary bail orders are required to be passed by the Justice Juvenile Board. Rather, the application could not be filed before the learned Sessions Judge, Solan for bail. In fact, the Juvenile Justice Board should have passed the order at the time when the applicant was produced before it.