( 1 ) THIS application for bail u/s 439 (1) of the Cr. P. C. has been moved on behalf of Matadin who has claimed himself 15 years of age. It appears that accused-applicant was arrested on 25. 3. 1994 in connection with crime No. 67194 under the Narcotic Drug and Psychotropics Substances Act, 1985 (hereinafter called the N. D. P. S. Act ). It was claimed that the land where the cannabis plants GANJE KE PEDT were standing is owned and possessed by coaccused Bhagwan Singh and he cultivated the land himself. The applicant is less than 16 years of age. The learned special Judge granted him bail till 29. 4. 1994 for appearing him in examination.

( 2 ) I have heard the learned counsel for the petitioner as well as the State at length. The learned counsel for the applicant contended that the applicant is less than 16 years of age and his case has to be governed by the provisions of the Juvenile Justice Act, 1985. The learned special judge should have proceeded to hold an enquiry about the age and should have acted thereafter in accordance with the provisions of the Juvenile Justice Act in case the applicant was found below 16 years, of age. He also pointed out that the copy of the school certificate shows the applicants date of birth as 15. 6. 1979 which clearly goes to show that he is below 16 years of age. The learned counsel for the State contended that the applicant was shown of 18 years of age and as such the learned special judge rightly rejected the application.

( 3 ) I have considered the contentions raised by the learned counsel for the parties.

( 4 ) THE relevant provisions of the. Juvenile Justice Act show that it is self contained code as it provides a complete machinery for the trial of Juveniles. Section 2 (h) defines a juvenile as Juvenile means a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen. Section 5 of the Act provides for the establishment of Juvenile Courts. Under the provision the State Government may, by notification in the official gazette, constitute for any area specified in the notification, one or more juvenile Courts for exercising the powers and discharging the duties conferred or imposed on such Courts in relation to delinquent juveniles under the Act notwithstanding anything contained in the Code of Criminal Procedure. Section 6 provides for procedure in relation to Boards and Juvenile Courts. whereas section 7 provides for powers of Boards and Juvenile Courts. If we peruse the provision of section 7 it transpires that it overrides any other law for the time being in force. The relevant words are: Where a Board or a Juvenile Court has been constituted for any area, such Board or Court shall notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act have power to deal exclusively with all proceedings under this Act relating to neglected Juveniles or delinquent Juveniles, as the case may be. Thus to confers exclusive jurisdiction on Juvenile Court to deal with the proceedings with respect of neglected juveniles or delinquent Juveniles as defined in the Act. Section 8 provides for procedure to be followed by a Magistrate not empowered under the Act It deals with those cases where a person brought before a Magistrate (other than empowered Magistrate under the Act) with respect to a person who is a juvenile. It read as follows: 8 (1) when any Magistrate not empowered to exercise the powers of a Board or a Juvenile Court under this Act is of opinion that a person brought before him under any of the provisions of this Act (otherwisethan for the purpose of giving evidence) is a juvenile he shall record such opinion and forward the juvenile and the record of the proceeding to the competent authority having jurisdiction over the proceeding. Thus, under this provision it is the duty of a Magistrate other than a Juvenile Court to form an opinion about the fact whether a per