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1993 Supreme(Ori) 29

G.B.PATTANAIK
ANTARYAMI PATRA – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
D.P.Dhal, S.S.RAO

G. B. PATTANAIK, J.


( 1 ) AN interesting question of law has been urged in this case by Mr. Dhal appearing for the petitioner invoking the inherent jurisdiction of this Court under S. 482 of the Code of Criminal Procedure against the order of the Special Judge, Keonjhar, who has refused the petitioner's prayer for bail, as he is involved in a case under the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the "n. D. P. S. Act" ). The said question is whether in view of S. 18 of the Juvenile Justice Act, 1986, a "juvenile" as defined in S. 2 (h) of the Act is entitled to be released on bail even if he is accused of committing an offence under the N. D. P. S. Act notwithstanding the provisions of S. 37 of the said Act.

( 2 ) TO appreciate this contention in its proper perspective, it would be appropriate to notice the two provisions which are extracted herein below in extenso :- section 18 of the Juvenile Justice Act, 1986 reads as follows :-"18. Bail and custody of juveniles. (1) When any person accused of a bailable offence and apparently a juvenile is arrested or detained or appears or is brought before a Juvenile Court, such person shall notwithstanding







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