STATE OF HIMACHAL PRADESH Vs. AQUIB KHAN

JUDGEMENT

(1.) Challenge herein is to an order passed by learned Principal Magistrate, Juvenile Justice Board, Kullu in S.T. No.14-1/2012 whereby the proceedings in a case registered against the respondent, a juvenile in conflict with law under Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act for short) has been ordered to be terminated and the respondent acquitted. The legality and validity of the impugned order has been assailed on the grounds that the respondent, who allegedly committed a heinous offence under the Act, has erroneously been acquitted contrary to the provisions under the Rules.

(2.) The juvenile in conflict with law was apprehended by the police of Police Station, Bhuntar, District Kullu on 13.6.2012 around 10.15 p.m. at Sharabai and during the search of rucksack, he was carrying, contraband, i.e. charas weighing 43 gms. allegedly recovered from him. After the search and seizure, the Investigating Officer, ASI Vivek Sharma prepared a rukka and it was sent to police station for registration of the case. Consequently, FIR No.95/12 came to be registered against him under Section 20 of the Act. His custody was entrusted to ASI Roop Lal, Protection Officer under the Juvenile Act and the intimation qua commission of offence under Section 20 of the Act by the juvenile in conflict with law was given to his parents. His parents came to the police station alongwith other relatives and produced his date of birth certificate and the copy of ration card etc. The custody of the juvenile in conflict with law was entrusted to his father at Sharabai. Later on a report under Section 173, Cr.P.C. was filed against him in the Court of Principal Magistrate, Juvenile Justice Board, Kullu on 24.7.2012. He appeared before the Court on 25.7.2012 and was directed to furnish surety bond in the sum of Rs.5,000/-. He furnished the bond and his custody was handed over to his father.

(3.) Subsequently, notice of accusation was put to him on 17.10.2012, to which he pleaded not guilty and claimed trial.