JUDGMENT 1. - The appellant has preferred this jail appeal against his conviction u/S. 8/18 of the Narcotic Drugs & Psychotropic Substances (NDPS) Act by the Additional Sessions Judge, No. 1, Ajmer vide his order dated 17-12-87. 2. Maniram submitted a written report on 21-5-87 at the Police Station, Kesarganj, Ajmer alleging that he was on partolling at Delhi Gate, Dargah Road he saw a boy coming with a plastic katta on his head. He suspected that boy and enquired about his name. The boy gave his name as Taj Alam and on opening the katta it was found that it was full of poppy. After seizing the poppy the accused was arrested and challan was submitted against accused Taj Alam, on 10-8-87. The learned trial Court after completing the trial found the case established fully against the appellant and he was convicted and sentenced as mentioned above. 3. The case was not argued on the merit but it was stated that at the time of this incident the accused-appellant was below the age of 18 years. Section 33 of the N.D.P.S. Act says that if a person under 18 years of age is found guilty of the the offence under this Act, the benefit of probation be granted to that boy. In the present case it is not disputed that the accused was under 18 years of age when this offence was committed. 4. Perused the record of the lower Court. The accused was arrested on 21-5-87 and the arrest memo is Ex. P 2. In this memo the age of the accused has been mentioned as about 18 years. The accused was examined by the Court u/S. 313 Cr.P.C. and in his statement u/S. 313 Cr.P.C. has stated his age as 15 years while according to the Court, the approximate age is 17 years. This statement was recorded on 30-11-87. It means on 21-5-87 the accused was about 16) years of age. Thus, the accused being under 18 years of age he is entitled to get the benefit of releasing on probation as mentioned in Section 33 of the N. D. P. S. Act, 1985. 5. This statement was recorded on 30-11-87. It means on 21-5-87 the accused was about 16) years of age. Thus, the accused being under 18 years of age he is entitled to get the benefit of releasing on probation as mentioned in Section 33 of the N. D. P. S. Act, 1985. 5. Thus, looking to the age of the accused-appellant it is proper that instead of keeping him in jail continue to undergo the sentence awarded to him by the trial Court it is for his benefit, looking to his tender age, to release him on probation after taking surety for keeping good behaviour in future. 6. Consequently, the appeal is partly accepted. The conviction of the accused-appellant u/S. 8/18 of the N.D.P.S. Act is maintained but he is ordered to be released on probation on furnishing two sureties of Rs.5,000/-each and a personal bond of Rs. 10,000/- to the satisfaction of the trial Court for keeping good behaviour and not to repeat such offence for a period of two years. 7. A copy of this order be sent to the Superintendent, Central Jail, Udaipur.Appeal partly accepted. *******