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2003 Supreme(Del) 650

S.N.KAPUR, B.N.CHATURVEDI
LAL BAHADUR – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
R.N.SHARMA, Sunil Sharma

B. N. Chaturvedi, J.

( 1 ). Is the petitioner a juvenile?

( 2 ) THE Court of Additional Sessions Judge returned a negative finding on this question which made the petitioner to seek recourse to revision. That is how, present revision petition comes up for hearing and disposal.

( 3 ) THE petitioner is accused of having been found in unlawful possession of 49 gms. of smack on 22nd of June, 2002 at 6. 45 p. m. at Budh Bazar Road, near Hari Hospital, Hari Enclave, Sultanpuri, Delhi within the jurisdiction of police Station Sultanpuri, Delhi. He was charged accordingly for an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act.

( 4 ) UPON an application dated 8. 5. 2002 being made on behalf of petitioner seeking to be declared as a juvenile and dealt with accordingly, an enquiry into his age was undertaken by the learned trial court and in the process statements of Smt. Premwati, mother of the petitioner, and one Pyarey Lal Sharma, an Assistant Clerk from Janta Intercollege, Naujheel Mathrua, were recorded. A school leaving certificate mentioning the date of birth of the petitioner as 1. 7. 1983 was proved on record to show that on the alleged date o














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