N.N. Mathur, J.-By way of instant revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the “Act of 2000”) the petitioner has challenged the order dated 9.2003 passed by the Special Judge, N.D.P.S. Cases, Bhilwara whereby he refused to release the petitioner on bail under the provisions of Section 12 of the Act of 2000.

2. Thepetitioner was arrested on 18.2003 having found carrying 1,118 Kg “Chura of Doda Post” in his own Truck. After usual investigation the Police laid charge-sheet against the petitioner for offence under Section 8/18 of the N.D.P.S. Act. As per the arrest memo the petitioner was 19 years of age on the date of arrest. However, he produced birth certificate disclosing his date of birth as 110.1985. On the basis of the certificate it was argued that he was below 18 years of age on the date of the incident and as such he was entitled to be released under Section 12 of the Act of 2000 being a juvenile. The petitioner strongly placed reliance on a decision of this court in Manohar Lal vs. State of Rajasthan 2002 CrLJ 394, wherein the court directed to release the accused of an offence under th