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2006 Supreme(Del) 1516

BADAR DURREZ AHMED
MOHD. IRSHAD @ SHIV RAJ – Appellant
Versus
STATE – Respondent


Advocates Appeared:
GAZI TOUSIF AHMAD, RICHA KAPUR


BADAR DURREZ AHMED, J.

( 1 ) THE Counsel for the petitioner as well as the Counsel for the State have been heard. This revision petition has been filed challenging the order dated 29. 3. 2006 passed by the Special judge (NDPS Act), Karkardooma Court, delhi whereby the present petitioner, who is a 'juvenile in conflict with law' within the meaning of the Juvenile Justice (Care and protection of Children) Act, 2000 (hereinafter referred to as the 'juvenile Justice Act')has been directed to undergo trial before the special Judge under the NDPS Act and not before the Juvenile Justice Board.

( 2 ) AN application was filed on 10. 12. 2004 before the Special Judge (NDPS Act) on behalf of the petitioner for sending him before the Juvenile Justice Board for trial. The present case pertains to an alleged recovery having been made from the juvenile which would be covered as an offence under sections 21/29 of the Narcotic Drugs and psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act ). There is no doubt that the present petitioner was less than 18 years of age on the date of the incident. This has been accepted by the Court below. Therefore, there is no question that t












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