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Himachal Pradesh High Court · body

2013 DIGILAW 94 (HP)

VIKRAM CHAUHAN v. STATE OF HIMACHAL PRADESH

2013-01-22

RAJIV SHARMA

body2013
JUDGEMENT RAJIV SHARMA, J. 1. CASE of the prosecution, in a nutshell, is that during the intervening night of 3/4.12.2012, a police party headed by Inspector/S.H.O., Police Station, Sadar, Solan set up a Nakka at Jatoli. A Tata Pick-up vehicle bearing registration No. HP-63-3975 came from Oachghat side at about 2.15 A.M. It was stopped by the whether reporters of the local papers may be allowed to see the judgment? No police party. It was searched. From the vehicle, Charas weighing 2 kg 300 grams was recovered. F.I.R. No. 244/2012 was registered against the applicant and other co-accused on 4.12.2012 under sections 20-61-85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station, Sadar, Solan. 2. APPLICANT filed application under section 439 of the Code of Criminal Procedure before the Sessions Judge, Solan. The same has been rejected by him on 26.12.2012. Ms. Seema Sood has argued that the applicant is juvenile. The date of birth of the applicant is 11.12.1996. He was produced before the Member of the Juvenile Justice Board, Solan on 4.12.2012. He has been sent to Observation Home, Una. The next date of hearing has been fixed as 23.1.2013 before the P.M.J.J.B, Solan. 3. ACCORDING to section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000, necessary bail orders are required to be passed by the Justice Juvenile Board. Rather, the application could not be filed before the learned Sessions Judge, Solan for bail. In fact, the Juvenile Justice Board should have passed the order at the time when the applicant was produced before it. 4. CONSEQUENTLY, the order dated 26.12.2012 is set aside. The Juvenile Justice Board constituted under the Juvenile Justice (Care and Protection of Children) Act, 2000 is directed to pass the order on the bail application of the applicant within a period of one week from today. The copy of this order be sent to the Juvenile Justice Board, Solan immediately for its due compliance. In view of above directions, the petition stands disposed of. Copy Dasti. Petition Stands Disposed.