Amar Chand Vs. State of Rajasthan

narcotic drugs and psychotropic substances act, 1986 - sections 8/17 and 18 and criminal procedure code--section 439--bail--opium seized 300-600 gms--offence of petty nature--held, accused be released on bail;bail granted - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. - an investigating officer can best subserve the interest of the community if be concentrates more on those offences than the offences of these petty nature simply in order to increase the statistics of the offences detected by him relating to anti-drug offence.n.c. sharma, j.1. it is more wastage of time and energy of an investigating officer to remain in search of only 300, 500 or 600 gms. on opium, while the menace is more or hashish, charas and heroin. an investigating officer can best subserve the interest of the community if be concentrates more on those offences than the offences of these petty nature simply in order to increase the statistics of the offences detected by him relating to anti-drug offence. these statistics only show a false picture when the achievement is nothing.2. with these remarks, i allow this bail application and order for release of the petitioner on bail subject to his furnishing personal bond in the sum of rs. 4,000/- with two sureties in the sum of rs. 2,000/- to the satisfaction of the chief judicial magistrate sri ganganagar to appear in his court in connection which the criminal case which may be launched in pursuance of fir no. 34 of 1989 under section 8/17 and 18 of the narcotic drugs and pychotropic substances act.