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2002 Supreme(All) 920

KHEM KARAN
SAALIM – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
A.K.PANDEY,

KHEM KARAN, J.

Heard Sri A. K. Pandey, the learned Counsel for the revisionist and the learned Counsel for the Union of India.

2. This revision under Section 397 of the Code of Criminal Procedure read with Section 53 of Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Act of 2000), is directed against order dated 25-9-2001, of Special Judge, Barabanki (Under N. D. P. S. Act, 1985) by which he turned down the plea of the revisionist that he was a "juvenile" within the meaning of the Act of 2000.

3. The revisionist was arrested on 3-7-2001, for committing alleged offences, punishable under Narcotic Drugs and Psychotropic Substances Act, 1985 (N. D. P. S. Act ). He, moved a bail application, taking the plea that he was a "juvenile" as his date of birth was 27-8-1986. The Union of India took the plea that he was above 18, on the date of crime. Keeping the bail application pending, this question was examined separately. In support of his plea the revisionist filed extract from school leaving register, in which his date of birth was entered as 27-8-1986. His mother also filed affidavit to the same effect. The Union of India, relied on the medic














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