( 1 ) THE applicant was taken into custody in connection with Crime No. 329/99 instituted for an offence punishable under Section 20 (i) (b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') on the allegation that he was in possession of 15 gms. of 'ganja'.

( 2 ) THE applicant filed an application for obtaining concession of bail before the learned Sessions Judge, Bhopal on the ground that he was below 16 years of age, and hence, he was entitled to the benefit as envisaged under the provisions of Juvenile Justice Act, 1986 and under Section 437 (2) of the Code of Criminal Procedure (hereinafter referred to as 'the Code' ).

( 3 ) IT was put forth before the learned Special Judge that the date of birth of the petitioner is 7-10-85 and in support of the same certificate of the school and marksheet were produced. The learned Special Judge appreciating the documents brought on record and observing the appearance of the petitioner came to hold that the petitioner appeared to be more than 16 years of age and, accordingly, rejected the prayer for bail.

( 4 ) MR. S. K. Gangrade, learned Counsel for the applicant has contended