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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASJIT SINGH BEDI
Sanjiv Kumar @ Kauwa – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
The present revision petition has been filed impugning the judgment dated 24.03.2009 passed by Judge, Special Court, Patiala whereby the appeal filed against the judgment of conviction and order of sentence dated 11.05.2005 passed by Principal Magistrate, Juvenile Board, Ludhiana has been dismissed.
2. The FIR in the present case came to be registered on 17.03.2001. The judgment of conviction was passed on 11.05.2005 by the Principal Magistrate, Juvenile Board, Ludhiana. The Appeal filed against the order of conviction was dismissed on 24.03.2009 by the Judge, Special Court, Patiala. The instant revision petition was filed on 30.04.2009 and has come up for final hearing now i.e. after a period of more than 24 years from the date of registration of the FIR.
3. In brief the prosecution case is that on 17-3-2001, ASI Ajit Singh sent a ruqa and got the case registered under Section 20 of NDPS Act. The facts of the case are that when ASI Ajit Singh alongwith HC Prem Singh, HC Balwinder Singh no.413, C.Harish Kumar 1416, C. Gurmit Singh no.362, C-Jamail Singh no.2985, SPO Veersingh no.745, PHG Gurdev Singh no.30088 and also ASI Bhupinder Rai, Incharge, P.P.
The court upheld the conviction for narcotics possession based on procedural adherence, emphasizing juvenile sentencing principles adjusted for time elapsed.
Strict compliance with mandatory provisions can lead to conviction under narcotic laws; however, age-based probation is essential for rehabilitating younger offenders.
Juveniles charged with offences must be treated according to juvenile law; failure to do so results in invalidation of convictions and sentences.
An individual assessed to be a juvenile at the time of offence must not be tried as an adult, with their age determination being essential for proper legal proceedings.
Juveniles must be tried under juvenile laws, and prison sentences cannot exceed statutory limits for juveniles. The appeal allowed the convict's release.
(1) Juvenile accused – Medical opinion based on Bone Ossification Test, is not entirely accurate – In a case of juvenility where two views are possible, liberal approach should be undertaken.(2) Bene....
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