( 1 ) BY this Criminal Revision Petition No. 25 of 2000, the petitioner seeks to chal- lenge the judgment and order of the Additional Sessions Judge, Delhi, Special Courts NDPS Act in Sessions Case No. 201 of 1999 arising out of FIR No. 192 of 1999 under Section 15 of NDPS Act, Police Station Timar Pur. The grievance of the petitioner is that at the time of commission of the offence he was below the age of 16 years and, therefore, is entitled to the benefit of Section 5 of the Juvenile Justices Act.

( 2 ) BRIEF facts of the case, as stated by the prosecution, are that on 11. 4. 1999 at around 2. 15 p. m. the petitioner along with two other persons was apprehended near Sindhi Baba Mandir, Outer Ring Road, Delhi with 15kg. of Poppy Husk in their possession. Three separate FIRs one against each of the three accused were filed. The petitioner after being arrested in FIR No. 192 of 1999 applied for grant of bail under Section 439 of the Code of Criminal Procedure and was granted bail till the filing of the challan vide order dated 26th May, 1999.

( 3 ) UPON the challan being filed, the petitioner was taken into custody on 1. 11,1999 as per the condition of the bail order date