This revision under Section 102 of Juvenile Justice (Care and Protection

of Children) Act, 2015 has been preferred by the petitioner / accused against the

order dated 11.10.2022 passed by the Trial Court whereby his application for

being declared as a Juvenile has been rejected.

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Signed by: SHILPA

NAGDEVE

Signing time: 30-06-2023

17:24:43

Signature Not Verified

02. The petitioner is being prosecuted by the Police of Police Station

Jiran, District Neemuch for offences punishable under Section 8/15 of the

NDPS Act registered vide Crime No.136/2022 in the Court of Special Judge

(NDPS Act), Neemuch.

03. As per the prosecution, on 22.04.2022 a pick-up vehicle bearing

registration No.MP-40-GA-0859 was stopped by the Police party and total 2

quintal of contraband poppy straw was recovered from the same. The petitioner

was the driver of the said vehicle when the same was stopped. On the basis of

being caught illegally transporting the contraband, he has been implicated and

arrested for the present offence.

04. During course of proceedings before the trial Court, the petitioner

filed an application on 30.08.2022 for being declared as a Juvenile submitting

that his date of birth is 20.09.2005 hence he was a minor on the date of incident

but has falsely been shown as major by the prosecution hence he deserves to be

declared a juvenile. The application was filed on the basis of the School records

of the petitioner. On the application, the petitioner led his evidence as regards

his date of birth. He examined Firozuddin, his father and Mukesh Suryavanshi,

the Principal of Ideal English School, Bolia who had admitted the petitioner in

the School and had recorded his date of birth on 16.07.2011 i.e. at the time of

his admission as 20.09.2005. He produced the mark-sheet, scholar register and

transfer certificate of the School as regards the petitioner.

05. The trial Court by order dated 28.09.2022 observed that there are

discrepancies in the ink as regards the figures and words of date of birth in the

documents produced by the petitioner and it appears that the same have been

prepared by same ink for all the years and the date of birth in all of them has

been written by a different ink and writing. Consequently, it observed that in

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Signed by: SHILPA

NAGDEVE

Signing time: 30-06-2023

17:24:43

Signature Not Verified

view of discrepancies in the documents produced by the petitioner, he cannot

be declared as a juvenile. It hence directed for conducting of ossification test of

the petitioner by the Medical Board for ascertaining his age. On receipt of the

ossification report, by the impugned order, the trial Court relying upon the

Medical Board Certificate showing the age of the petitioner to be more than 21

years has rejecting his application.

06. Learned counsel for the petitioner submits that the trial Court has

erred in rejecting the application filed by the petitioner. The petitioner had

produced the scholar register as well as the other documents and certificates of

the School in which he had studied and had also examined the Principal of the

School, who had given him admission initially and there was no reason to

disregard the documents produced by him. They were the primary documents

as regards the date of birth of the petitioner and ought to have been relied upon.

The father of the petitioner had also supported the contention as regards date of

birth of the petitioner. The ossification test has also not clearly stated the age of

the petitioner on the date of incident. He was 16 years and 7 months of age at

the time of the incident hence the application ought to have been allowed.

07. Per contra, learned counsel for the respondent/State has supported

the impugned order and has submitted that no error has been committed by the

trial Court in disregarding the documents produced by the petitioner and in

directing for ossification test and holding him to be a major on that basis. The

impugned order hence needs no interference.

08. I have heard the learned counsel for the parties and have perused the

record