JAIF AHMED SHEIKH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the "Act of 2000") the petitioner has challenged the order dated 4-9-2003 passed by the Special Judge, NDPS Cases, Bhilwara whereby he refused to release the petitioner on bail under the provisions of Section 12 of the Act of 2000.

(2.) The petitioner was arrested on 12-8-2003 having found carrying 1,118 Kg "Chura of Doda Post" in his own Truck. After usual investigation the Police laid charge-sheet against the petitioner for offence under Section 8/18 of the NDPS Act. As per the arrest memo the petitioner was 19 years of age on the date of arrest. However, he produced birth certificate disclosing his date of birth as 16-10-1985. On the basis of the certificate it was argued that he was below 18 years of age on the date of the incident and as such he was entitled to be released under Section 12 of the Act of 2000 being a Juvenile. The petitioner strongly placed reliance on a decision of this Court in Manohar Lal v. State of Rajasthan reported in 2000 Criminal Law Journal 394 wherein the Court directed to release the accused of an offence under the provisions of NDPS Act on the ground that he was a juvenile. The learned Special Judge distinguished the authority on the ground that in the said case this Court had not considered the provisions of Section 37 of the NDPS Act.

(3.) It is contended by the learned counsel that the Act of 2000 has an overriding effect on the provisions of Section 37 of the NDPS Act. It is submitted that the learned Judge wrongly distinguished the decision of this Court in Manohar Lai's case.