Law: Juvenile Justice System Act, 2018

Section: 5, 7, 8, 9, 10, 11, 14, and 16

SUMMARY   The appeal was allowed and the conviction was set aside because the Trial Court did not follow the mandatory procedure for a juvenile under the Juvenile Justice System Act, 2018, and the appellant’s right to fair trial under Article 10-A of the Constitution was held to be violated.[lawschool.westlaw] The court noted that the appellant was treated as a regular adult accused even though the record showed juvenile status, and that the police and trial court failed to comply with Sections 5, 7, 8, 9, 10, 11, 14, and 16 of the Juvenile Justice System Act, 2018, which require age inquiry, juvenile-specific investigation, diversion, legal assistance, and separate treatment of juvenile offenders. The case was therefore remanded to the Sessions Judge, Karachi-South for retrial under the Juvenile Justice System Act, 2018, preferably within three months.[uwlax] JUDGMENT TASNEEM SULTANa Through this appeal, appellant, Ibad Ali son of Ali Nawaz has assailed the judgment, dated 08.08.2024, passed by the learned Special Judge, CNS, Karachi-South in Sessions Case No. 187 of 2023, arisen out Of F.I.R. NO. 430 of 2022, registered at P.S Chakiwara, Karac!li. under sections 6/9-(2)(3) Of the Control Of Narcotic Substances (Amended) Act, 2022 ("Act Of 2022"), whereby he was convicted under Section 265-11(ii) Cr.P.C and sentenced to suffer R.I. for 02-years with fine Of Rs. in case Of default to pay fine he shall suffer S.I. for one month' (1) more. He was; however, extended benefit of section 382(b) Cr.P.C. 2. It is alleged that on 09.11.2022 at 100() hours, Police Party of PS Chakiwara headed by ASI Sanaullah arrested the appellant from Saeedabad near Bismillah Hall Chakiwara, Lyari Karachi on being found in possession of 55 grams of Ice, under memo of arrest and recovery prepared in presence of mashirs PC Peer Muhammad and DPC Shahzad Ali; tor that he booked F)ygfergsaid FIR. the charge sheet against aq provided under CI'.I'.C', formal charge against the Which to be tried, •t. TO four Witnesses; PW-1 1.0 / SIP Sajjad at Who Of inspection Of place of incident, Sketch 01' Of and entry regarding inspection letter to CR(), CRO…