Akhtar Sk v. State Of West Bengal

17.11.2023

IN THE HIGH COURT AT CALCUTTA

Item No.7 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1092 of 2023 In the matter of : Akhtar Sk.

... Petitioner.

Mr. Niladri Sekhar Ghosh, Mr. Sourav Mondal ... For the Petitioner.

Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan ... For the State.

Pursuant to the direction passed by this Court, the head of the concerned school is present with the original Register.

I have considered the Register. The photostat copy earlier which was enclosed along with the report reflects the date of birth of the present petitioner was 01.04.2004. Since there were certain overwritings, the said Register may not be to the satisfaction of this Court, but the document relied upon by the petitioner is also an Aadhar Card wherein it reflects that date of birth to be of June 2004. Having considered that the alleged offence was committed on or about July 2022, the petitioner primarily is above the age required to satisfy the requirements of juvenile and is to be considered as an adult. Consequently no interference is made in respect of the order dated 30.11.2022 passed by learned Judge, Special Court under the NDPS Act, Berhampore, Murshidabad in connection with NDPS Case No. 168 of 2022. Accordingly, the revisional application being CRR 1092 of 2023 is dismissed.

Pending connected application, if any, is consequently disposed of.

The appearance of the Investigating Officer along with the Headmaster of the school who are present in Court today, is dispensed with.

The Register has been already returned to the learned advocate for the State.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)