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2009 Supreme(SC) 1884

M.K.SHARMA, B.S.CHAUHAN
Union of India – Appellant
Versus
Saalim – Respondent


ORDER :

M.K. Sharma, B.S. Chauhan, JJ.

This appeal has been filed by the Union of India being aggrieved by and dissatisfied with the judgment and order dated 30.7.2002, Saalim v. Union of India, Criminal Revision No. 542 of 2001, order dated 30.7.2002 (All) passed by the Allahabad High Court, whereby the High Court has held that the respondent herein was below 18 years of age on the date of the alleged commission of the offence in question. In that view of the matter, a direction was issued by the High Court that the case of the respondent herein would be dealt with in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000.

2. The aforesaid order of the High Court and the directions issued therein are under challenge in this appeal on which we have heard the learned counsel appearing on behalf of the appellant as also the learned counsel for the respondent.

3. The respondent was arrested for alleged commission of an offence under Section 8/18 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

Before the Special Judge, a contention was raised on behalf of the respondent that he was a juvenile within the meaning of the Juvenile Justice A

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