JUDGMENT :

1. Petitioner is arraigned an accused in a sessions case. Commission of an offence under Sec.20(b)(ii)(B) of the NDPS Act is the accusation against him. He contends him to be a child in conflict with law. He moved an application before the court of session requesting to forward him to the juvenile justice board for holding an inquiry by the board whether he committed the offence alleged against him. His application was dismissed. The trial court found him not a child in conflict with law. The order dismissing his application is under challenge before this court.

2. Heard Sri.T.G.Ragesh, the learned counsel for the petitioner and Sri.C.N.Prabhakaran, the learned senior public prosecutor.

3. The petitioner produced a copy of his birth certificate. It is annexe-A1. He was born on 2.8.1997. The offence, if committed, was committed on 30.5.2016. The age of the petitioner as on that day was 18 years 9 months and 28 days, which was why his application met dismissal. The trial court said that the petitioner completed the age of eighteen years on the date of commission of the offence.

4. The question is whether the petitioner is a child in conflict with law to be dealt with under the