2017 (6) TMI 252

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.... Directorate of Revenue Intelligence Vs. Parkash Singh @ Mintu and others is pending before the Special Judge, Ferozepur bearing case No.NDPS/2831/2016. [3]. Petitioner claimed that he was minor at the time of alleged recovery and is in custody since 14.04.2016. Complaint was filed by respondent No.2 on receipt of information that one Prakash Singh @ Mintu is involved in smuggling of narcotic drugs and has gone to smuggle huge contingent of narcotic on 14.04.2016 across the boarder. Raiding party was constituted and a raid was conducted on the house of said Prakash Singh @ Mintu. The door of the house was opened by the petitioner who is brother-in-law of Prakash Singh @ Mintu. According to the petitioner, he had come to meet the family a....

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....mpliance of the provisions of NDPS Act, DRI officers searched the place adjacent to Baba Borh Mandir as disclosed by Prakash Singh @ Mintu and recovered three vansalies of black coloured cloth containing some packets and one yellow and black strip bag containing some contraband. The complicity of the petitioner was prima facie established after recording his statement under Section 67 of the NDPS Act before Senior Intelligence Officer, DRI, Ludhiana on 14.04.2016. Before recording his statement, provisions of Section 67 of the NDPS Act were explained to him by giving caution that his statement could be used against him or any other person in departmental proceedings or in any Court of law as an evidence. He got his statement recorded volunt....

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....complicity of the petitioner as per his statement under Section 67 of the NDPS Act, prima facie shows his involvement. [6]. In view of Section 37 of the Act, petitioner is stated to be in the age group of 16-18 years as on the date of commission of offence. The child between the aforesaid age group cannot be treated to be juvenile keeping in view the amended provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 for which an assessment is to be made by the Magistrate in respect of mental faculty of the accused. [7]. The grant of bail to Chanan Singh @ Channa is in no way entitles the petitioner for the said relief. The confessional statement of the petitioner ultimately led the DRI officers to arrest Prakash Singh ....