H.R. Panwar, J. - (1.) By the instant criminal revision petition under Section 397/401 of the Code of Criminal Procedure, 1973 (for short, "the Code"), the petitioner has challenged the order dated 10.9.2004 passed by the Principal Magistrate, Juvenile Justice Board, Udaipur (for short, 'the Trial Court') in Criminal Original Case No. 55 of 2004, by which the Trial Court passed an order for holding an inquiry about determination of the age of the petitioner.
(2.) The facts of the case, in a nut shell, are that on receiving secret information, on 22.7.2001, the Station House Officer, Police Station, Bhansroadgarh checked Bus No. RSJ-3357 at the Bus Stand, Bhansroadgarh. On checking 3.900 Kgs. of opium was found in possession of the petitioner After investigation, the police filed challan against the petitioner for the offence punishable under Secs. 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act'). During pendency of investigation, petitioner filed S.B. Criminal Misc. Bail petition No. 1633 of 2002 before this Court which was dismissed on 6.6.2002. Thereafter the petitioner filed S.B. Criminal Misc. II Bail Petition No. 4030 of 2002 and this Court, vide order dated 27.11.2002, directed the Special Judge, NDPS Cases, Chittorgarh to conduct an inquiry under Section 49 of the Act. An inquiry was held by the Special Judge, N.D.PS. Cases, Chittorgarh under Section 49 of the Act and vide order dated 3.1.2003, the Special Judge found the petitioner to be a juvenile. Thereafter the police filed supplementary charge-sheet against the petitioner before the Principal Magistrate, Juvenile Justice Board, Udaipur and vide impugned order, the Principal Magistrate ordered for conducting an inquiry for determination of age of the petitioner.
(3.) I have heard learned counsel for the parties and perused the impugned order, as also the order dated 31.3.2003 passed by the Special Judge, NDPS Cases, Chittorgarh.;