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2008 Supreme(Raj) 997

MAHESH CHANDRA SHARMA
Central Bureau of Narcotics through Assistant Commissioner, NDPS, Kota – Appellant
Versus
Ashok Kumar – Respondent


Advocates Appeared
Laxman Madnani, for Petitioner;
Ashvin Garg, for Respondent.

Hon ble SHARMA, J.—This criminal revision petition has been filed under Section 53 of Juvenile Justice (Care and Protection of Children) Act 2000 read with Section 482 Cr.P.C. for quashing the Order dated 19th May, 2005 in enquiry proceeding No. 41/2004 passed by the Special Judge (NDPS Cases), Kota in FIR No. 3/2003 by which he has directed that the action against the accused would be taken under the Juvenile Justice Act and directed the accused (respondent) to present before the Juvenile Court on 27th May, 2005.

(2). The brief facts of the case are that on 20th March, 2004 a complaint was lodged under Section 8 read with Section 18-B and 29 of NDPS Act against the accused persons namely Ashok Kumar, Jaswant Singh, Deep Chand and Srichand by (Dharam Singh Meena) Inspector of the Assistant Commissioner, Narcotics, Kota before the Court below. It was further stated in the complaint that out of these persons accused respondent-Ashok Kumar is minor.

(3). Upon the said complaint, the learned Judge held an enquiry with regard to the age of the accused respondent-Ashok Kumar. The accused respondent in support of his case examined two witnesses AW-1 Bhan Singh, father, AW-2 Smt. Santosh, mo























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