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2001 Supreme(Raj) 1033

SUNIL KUMAR GARG
MANOHARLAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
G.M.KHAN, Ramesh Purohit

Judgment


SUNIL KUMAR GARG, J.

( 1 ) THIS revision petition under S. 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the act of 2000) has been filed by the accused petitioner against the order dated 4-9-2001 passed by the learned Special Judge, NDPS Cases, Jodhpur by which the application filed by the accused petitioner for treating the accused petitioner under the provisions of the Act of 2000 and for releasing him on bail, was rejected.

( 2 ) IT arises in the following circumstances: on 23-5-2001, SHO, Police Station Jaitaran chalked out regular FIR No. 128/2001 for the offence under Ss. 8/15 of the Narcotic Drugs and Psychotrophic Substances Act, 1985 (hereinafter referred to as the NDPS Act) stating inter alia that on that day he conducted the search of Truck bearing No. RJ19, G-5401 at Mauji Chouraya bye-pass and found 45 bags of doda post in that Truck and at that time, Kunaram was its driver and the present accused petitioner Manhoharlal was its Khalasi. After usual investigation, police filed challan against the accused petitioner and one Kunaram for the offence under S. 8/15 of the NDPS Act. Thereafter, the accused petition




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