1. Whether a juvenile alleged to have committed offence punishable under Narcotic Drugs and Psychotropic Substances Act 1985 ("NDPS Act" in short) is entitled to the benefits available under J&K Juvenile Justice Act 1997, is the question that stares at the Court for an answer in the instant petition. The benefit is sought to be denied on the ground that extension of benefit shall encourage the drug peddlers to poach on boys and girls of tender age and use them as conduits in the drug trade.

2. Let us first go straight a way to the facts of the case:

The petitioner is arraigned before Sessions Court, Kulgam on the charge of having been found in possession of 374 Kg of "Phuki" (Poppy Straw) -- a narcotic drug. The recovery allegedly made sometime in the year 2008, led to registration of case FIR No. 14 of 2008 Section 15/18 of NDPS Act at Police Station, Yaripora. After usual investigation, a charge sheet alleging commission of offences punishable under Section 15/18 of NDPS Act was put up against the petitioner and co-accused in the Court of Sessions Judge, Kulgam.

The petitioner on 22nd April, 2008 filed an application before learned trial court claiming therein that as the petitioner

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