PARVEZ AHMAD SHAH Vs. STATE OF J&K

JUDGEMENT

(1.) Whether a juvenile alleged to have committed offence punishable under Narcotic Drugs and Psychotropic Substances Act 1985 ("NDPS Act" in short) is entitled to the benefits available under J&K Juvenile Justice Act 1997, is the question that stares at the Court for an answer in the instant petition. The benefit is sought to be denied on the ground that extension of benefit shall encourage the drug peddlers to poach on boys and girls of tender age and use them as conduits in the drug trade.

(2.) Let us first go straight a way to the facts of the case:

(3.) However, learned Trial Judge notwithstanding the above finding, declined concession to the petitioner, as would normally be available to a juvenile facing trial on the charge of having committed an offence under general Penal Law.