MANOHARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition under S. 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the 'Act of 2000') has been filed by the accused petitioner against the order dated 4-9-2001 passed by the learned Special Judge, NDPS Cases, Jodhpur by which the application filed by the accused petitioner for treating the accused petitioner under the provisions of the Act of 2000 and for releasing him on bail, was rejected.

(2.) It arises in the following circumstances: On 23-5-2001, SHO, Police Station Jaitaran chalked out regular FIR No. 128/2001 for the offence under Ss. 8/15 of the Narcotic Drugs and Psychotrophic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') stating inter alia that on that day he conducted the search of Truck bearing No. RJ19, G-5401 at Mauji Chouraya bye-pass and found 45 bags of doda post in that Truck and at that time, Kunaram was its driver and the present accused petitioner Manhoharlal was its Khalasi. After usual investigation, police filed challan against the accused petitioner and one Kunaram for the offence under S. 8/15 of the NDPS Act. Thereafter, the accused petitioner moved an application before the learned Special Judge NDPS Cases, Jodhpur for grant of bail stating therein his date of birth, according to School Certificate, is 15-5-1984 and as per definition provided under sub-section (k) of S. 2 of the Act of 2000, "Juvenile" or "child" means a person who has not completed eighteen year of age and since according to the School Certificate, the accused petitioner was below the age of 18 years on the date of occurrence, therefore, he be released on bail. The learned special Judge, NDPS Cases, Jodhpur vide order dated 4-9-2001 rejected the application of the accused petitioner holding inter-alia that no doubt as per the school certificate, the accused petitioner might be below the age of 18 years, but in arrest memo, his age was mentioned as 18 years and apart from that, looking to the gravity of the offence learned Special Judge did not consider it proper to release the accused petitioner on bail. Aggrieved from the order dated 4-9-2001 passed by the learned Special Judge, NDPS Cases Jodhpur, this revision petition has been filed by the accused petitioner.

(3.) I have heard the learned counsel for the accused petitioner and the learned Public Prosecutor and gone through the impugned order.