Toofan Singh vs The Intelligence Officer, Narcotics Control Bureau

T. Sudanthiram, J.—It appears that the Petitioner who is an accused, in C.C. No. 55 of 2005, on the file of the Special Judge, Additional Special Court, under Narcotic Drugs and Psychotropic Substances Act, 1985, had been convicted, u/s 8(c) r/w 21(c) of Narcotic Drugs and Psychotropic Substances Act, 1985. Aggrieved against the said conviction and sentence, the Petitioner had also preferred an appeal before this Court, in Criminal Appeal No. 8 of 2010, 2 which is pending.

Now the Petitioner has filed an application seeking to transfer the case in Criminal appeal No. 8 of 2010 to the Juvenile Justice Board, Chennai, on the ground that at the time of arrest the Petitioner was only a juvenile. The learned Counsel for the Petitioner submits that now the Petitioner has got the certificate to prove his age and that at the time of trial, as the Petitioner did not know either Tamil or English and as he was not aware of the legal provisions relating to juvenile, the records were not placed before the trial Court.

Heard the learned Public Prosecutor.

As the Petitioner had already been convicted by the trial Court and he had also preferred an appeal, in Criminal Appeal No. 8 of 2010, the present application to transfer the case to the Juvenile Justice Board, is not maintainable. Hence, this petition is dismissed. It is for the Petitioner to seek his remedy in the criminal appeal preferred by him, as per law.