JUDGMENT :

1. This revision is preferred by the State of Maharashtra through the Officer-In-charge, Anti Terrorism Squad, Aurangabad Unit, Aurangabad, against the Judgment and order passed by the learned Additional Sessions Judge, Aurangabad on 25th May 2021 in Criminal Appeal No. 2 of 2021 confirming the order of the learned Juvenile Justice Board, Auranagabad, dismissing application Exhibit 25 in J.C.. No. 160 of 2019 by its order dated 1st October 2019.

2. Facts leading to this application are that Vijayant Shankarlal Jaiswal, Officer in-charge of the Anti Terrorist Squad Unit, Aurangabad, received secret information in the last week of August 2018 that some persons had engaged themselves in terrorist activities in Mumbia and Aurangabad areas. He secretly obtained the name, addresses and cell phone numbers of the suspects. He put suspects under surveillance. From the information received, it revealed that one Mohsin Khan and his associates had established a group “Ummat E Mohammadia” and some trusted and like minded persons were made members of the group. It further revealed that some members of the said group were in contact with the handlers of foreign terrorist organizations. Vijayant Shankarlal Jaiswal obtained cell phones and CDR record of such suspects. On the basis of information collected by him, Shri Jaiswal was suspecting that there was strong possibility that suspects would carry out some terrorist activities in Mumbai. Accordingly, he formed four teams. These teams went to different locations and conducted the house search of suspects in the presence of Panchas, special experts and seized the articles like hand gloves, plastic bottles containing liquor bottle alongwith cards, mobile phones, mouse killing medicine of Commando Company, pesticides and sharp weapon etc.

3. On the arrest of accused No. 1, it was revealed that one Zaman had made some poisonous substance which was to be added in food at a function or in the water so as to cause mass murder. This Poisonous substance was handed over to salman and Zaman. They were directed to use face mask and hand gloves while handling the said substance. Thus, according to the prosecution, accused Nos.1 to 9 were indoctrinated with the ideology of terrorist organization ISIS. They hatched a criminal conspiracy to carry out the terrorist attack with the use of poisonous substance and explosive substance in Mumbai, Aurangabad and other places. On these allegations, on 22nd January 2019, he lodged report with the Police Station Anti Terrorism Squad (ATS), Kala Ghoda Chowk, Mumbai and offence came to be registered vide Crime No. 1 of 2019 under Section 120-B of the Indian Penal Code (IPC) read with Sections 18, 20, 38 of the Unlawful Activities (Prevention) Act, 1976 (hereinafter referred to as “the UAPA”) read with Section 135 of the Maharashtra Police Act.

4. Respondent being a child in conflict with law (hereinafter referred to as “CCL”) on his arrest on 18th December 2019, he was produced before the Juvenile Justice Board (herein after referred to as “JJB”).

5. The applicant State filed application Exhibit 25 for preliminary assessment of CCL and the CCL be transferred to Children’s Court for trial as a adult. Respondent CCL filed Say and resisted the application. The learned JJB, after hearing both the sides, rejected the application vide its order dated 1st October 2019.

6. Being aggrieved by the order dated 1st October 2019, appellant State preferred Criminal Appeal No.2 of 2021. Learned Additional Sessions Judge, Aurangabad by his order dated 25th May 2021 dismissed the appeal. Hence, this revision.

7. Shri M.R.Jadhav, learned Special Public Prosecutor for the applicant State submitted that the Unlawful Activities (Prevention) Act, 1976 is a Special Act and a Scheduled Act. investigation was done by the National Investigation Agency (N.I.A.). Therefore, respondent CCL ought to have bee tried as a adult by the learned JJB and the learned Additional Sessions Judge.

8. Before