2002 PLP 1422 (MLD)

1. Exemption is granted for the time being subject to all just exceptions.

2. The bail of the applicant, who is involved in a case under sections 6/9 of the Control of Narcotic Substances Act, 1997, allegedly possessing two kilograms Heroin Powder, is sought on the ground that at the time of commission of the alleged offence, he was a minor boy aged 13 years. In support of such contention three documents have been filed, first is the copy of Nikahnama of his parents executed on 13‑10‑1983, second is the school leaving certificate showing the birth date of the applicant as 10‑8‑1987 and thirdly there is a birth certificate issued by the District, Municipal Corporation, Karachi, East, which also shows the same date of birth of the applicant as 10‑8‑1987. School leaving certificate was got verified by the concerned authority. Reliance has been placed upon:‑ (1) 1983 SCMR 1001; (2) 2000 PCr.LJ 634; (3) 2001 MLD 1516 and (4) 1975 PCr. LJ

453. On the other hand Mr. Shoaib M. Ashraf, Special Prosecutor has opposed the bail plea on the ground that the applicant according to the Medical Report dated 12‑6‑2001, which is based on ossification test, is 20‑21 years. He has further referred to section 7 of the Juvenile Justice System Ordinance, 2000 and submits that the age given in the medical report has to be preferred to other evidence in determination of the age of an accused. He also made reference to the provisions of section 14 of the Ordinance and also section 76 of the Control of Narcotic Substances Act and submitted that such provisions are barring provisions and shall have overriding effect to the provisions of the Ordinance, 2000. He further argued that the above‑referred citations in support of the applicant's case were distinguishable. He relied upon 2000 PCr.LJ

638. The documents filed by the applicant in support of his age show that the applicant at the time of commission of offence was hardly 13 years or even few days less than that. These documents are not alleged to be bogus or fraudulent and their genuineness is not disputed in any manner. Applicant's school leaving certificate showing his age was got verified and was reported to be genuine. In our view the Juvenile Justice System, 2000 as well as Sindh Children Act, 1955 come to the rescue of the applicant and entitle him to the grant of bail. We accordingly allow bail to the applicant subject to his furnishing a solvent security in the sum of Rs. 2,00,000 (Rupees two lacs only) and P.R. bond in the like amount to the satisfaction of the trial Court. H.B.T./1‑55/K Bail allowed.