STATE OF HIMACHAL PRADESH Vs. HAPPY

JUDGEMENT

(1.) The State has assailed the judgment of acquittal passed by the Principal Magistrate, Juvenile Justice Board, Bilaspur, H.P. on 30.10.2017, in Case No.4/3 of 2010, whereby she acquitted the juvenile under Sections 20 & 29 of the Narcotic Drugs and Psychotropic Substances Act (for short 'Act').

(2.) Even though the judgment has been assailed on merits, however, the moot question is as to whether the Principal Magistrate while sitting singly could have finally decided/disposed of the case. The case was instituted on 28.09.2010 when the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'Act of 2000') was in operation.

(3.) Section 2 (c) defines Board in the following terms: