TIBRIWAL, J. - The petitioner has filed this bail application u/s 439 Cr. P.C. for his release in criminal case FIR No. 196/1991. (2). The accusation against the petitioner is that Charas weighing 7 grams. and 500 Ml.grms. were recovered from his possession on Sept. 12, 1991. A report of the incident was lodged at P.S. Kunhadi, Kota by Sh. Mohan Singh, S.H.O. On the said report, crime No. 196/91 u/s 8/20 of the N.D.P.S. Act, 1985 was registered. In the report, the age of the petitioner has been given as 17 years. (3). The petitioner moved an application for grant of his bail under section 439 Cr.P.C. before the Sessions Judge, Kota, but his application was rejected on the ground that as per medical report, the age of the petitioner is between 14 to 15 years, as such, he is a child within the definition of the Juvenile Justice Act, 1986 (hereinafter to be referred as the Act), as such, the order of bail cannot be passed by any court constituted under the Code of Criminal Procedure. In other words, the learned Sessions Judge was of the view that inspite of the fact that the accused is a child, the bail can be granted by a Juvenile court and no other court. Therefore, a short question arises for determination as to whether any court other than a Juvenile court constituted under the Act has jurisdiction to pass an order of bail even it is satisfied that the accused is a child. (4). In this connection, the contention of the learned counsel for the petitioner is that there is no bar either under the Code of Criminal Procedure or under the Act taking away the jurisdiction of a court constituted under the Code of Criminal Procedure restricting its power to release a child on bail if it is satisfied that the accused is a child under the Act and there is nothing on the record to show reasonable grounds for believing that his release is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice. The learned counsel further argued that this Court has been granting bail to the juvenile offenders in exercise of its powers either u/s 437 or 439 Cr. The learned counsel further argued that this Court has been granting bail to the juvenile offenders in exercise of its powers either u/s 437 or 439 Cr. P.C. The learned counsel further drew my attention to Section 33 of the N.D.P.S. Act which empowers a court to release the accused on probation, who is below the age of 18 years. (5). In order to appreciate the above argument, it is necessary to refer certain relevant provisions of the Act. (6). The Juvenile Justice Act, 1986 has been enacted to provide for care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication of certain matters relating to, and disposition, delinquent juveniles. It is not disputed before me that the said Act has come into force. (7). Section 2 of the said Act deals with certain definitions. Delinquent Juvenile has been defined u/s 2 (e) of the Act as a juvenile who is found to have committed an offence. Competent Authority has been defined under section 2(d) of the Act reads as under: — "Competent authority means, in relation to neglected juveniles, a Board and, in relation to delinquent juveniles, a Juvenile Court and where no such Board or Juvenile Court has been constituted, includes any Court empowered under Sub-section C2 of Sec. 7 to exercise the powers conferred on a Board or Juvenile Court." (8). Juvenile has been defined under section 2(h) of the Act means a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years. Juvenile Court has been defined u/s 2 (i) of the Act as a Court constituted u/s 5 of the Act. Offence has been defined u/s 2 (n) of the Act to mean an offence punishable under any law for the time being in force. (9). Chapter II of the Act provides competent authorities and institutions for juveniles. (10). Section-5 of the Act provides for Juvenile Courts to be constituted by notification by the State Government for any area specified in the notification, for exercising the powers and discharging the duties conferred or imposed on such Court in relation to delinquent juveniles under this Act. (11). Chapter II of the Act provides competent authorities and institutions for juveniles. (10). Section-5 of the Act provides for Juvenile Courts to be constituted by notification by the State Government for any area specified in the notification, for exercising the powers and discharging the duties conferred or imposed on such Court in relation to delinquent juveniles under this Act. (11). Section-7 of the Act, which is very much relevant, is reproduced below "Powers of Board and Juvenile Court.—(1)Where a Board or a Juvenile Court has been constituted for any area, such Board or Court, shall, notwitstanding 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: Provided that a Board or a Juvenile Court may, if it is of opinion that it is necessary so to do having regard to the circumstances of the case, transfer any proceedings to any Juvenile Court or Board, as the case may be Provided further that where there is any difference of opinion between a Board and a Juvenile Court regarding the transfer of any proceedings under the first proviso, it shall be referred to the Chief Metropolitan Magistrate or, as the case may be, the Chief Judicial Magistrate for decision, and in a case where the District Magistrate is functioning as a Board or a Juvenile court, such difference of opinion shall be referred to the Court of Sessions, and the decision of the Chief Metropolitan Magistrate or Chief Judicial Magistrate or, as the case may be, the Court of Sessions on such reference shall be final. (2) Where no Board or Juvenile Court has been constituted for any area, the powers conferred on the Board or the Juvenile Court by or under this Act shall be exercised in that area, only by the following, namely : — a) the District Magistrate; or b) the Sub-Divisional Magistrate; or c) any Metropolitan Magistrate or Judicial Magistrate of the first class, as the case may be. (3) The powers conferred on the Board or Juvenile Court by or under this Act may also be exercised by the High Court and the Court of Sessions, when the proceeding comes before them in appeal, revision or otherwise. (12). (3) The powers conferred on the Board or Juvenile Court by or under this Act may also be exercised by the High Court and the Court of Sessions, when the proceeding comes before them in appeal, revision or otherwise. (12). Section 18 deals with bail and custody of juveniles. It provides that any person accused of a bailable or non-bailable offence and apparently a juvenile is arrested or detained or appears or is brought before a Juvenile Court, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any other law for the time being in force, be released on bail with or without surety but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice. (13). Section-8 of the Act provides the procedure to be followed by a Magistrate not empowered under the Act. It reads as under: — "Procedure to be followed by a Magistrate not empowered under the Act (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 (otherwise than 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. (2) The competent authority to which the proceeding is forwarded under Sub-section (1) shall hold the inquiry as if the juvenile had originally been brought before it." (14) Section 20 provides for inquiry by Juvenile Court regarding delinquent juveniles and section-21 provides the orders that may be passed regarding delinquent juveniles. (15). Section- 23 of the Act prohibits any proceedings to be instituted or ordered to be passed against a juvenile under Chapter VIII of the Code of Criminal Procedure which deals security for keeping the peace and for good behaviour. Then section-24 prohibits a joint trial of a juvenile and a person not a juvenile. (15). Section- 23 of the Act prohibits any proceedings to be instituted or ordered to be passed against a juvenile under Chapter VIII of the Code of Criminal Procedure which deals security for keeping the peace and for good behaviour. Then section-24 prohibits a joint trial of a juvenile and a person not a juvenile. Section-32 of the Act provides for determination of age and it reads as under: — "Presumption and determination of age.—(1) Where it appears to a competent authority that a person brought before it under any of the provisions of this Act (otherwise than for the purpose of giving evidence) is a juvenile, the competent authority shall make due inquiry as to the age of that person and for that purpose shall take such evidence as may be necessary and shall record a finding whether the person is a juvenile or not,stating his age as nearly as may be — (2) No order of a competent authority shall be deemed to have become invalid merely by any subsequent proof that the person in respect of whom the order has been made is not a juvenile, and the age recorded by the competent authority to be the age of the person so brought before it shall, for the purposes of this Act, be deemed to be the true age of that person." (16). Section-38 of the Act provides revision to the High Court to satisfy itself as to the legality or propriety of any such order passed by any competent authority or court of Session and to pass such order in relation thereto as it thinks fit. (17). From the above provisions, it is clear that the Juvenile Justice Act is a self contained Act and it contains all necessary provisions in relation to a delinquent juvenile. (18). It is no doubt true that Section-18 empowers the Juvenile Court to release a juvenile on bail, who is accused of a bailable or non-bailable offence if he is arrested or detained or appears or is brought before it. This section is mandatory in the form to release such juvenile on bail unless there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice. This section is mandatory in the form to release such juvenile on bail unless there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice. This provision is indicative of the fact that a delinquent juvenile arrested in any offence punishable in any law for the time being in force has to be released on bail unless there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice. This provision is indicative of the intent of the legislature that a juvenile offender should not be kept in custody normally, except in the circumstances narrated in Section-18 of the Act. (19). But still, the question arises for consideration when a delinquent juvenile is arrested or detained, but he is not brought before a Juvenile Court and a bail application is moved by him either before the court of Sessions or the High Court for his release. The power to release a delinquent juvenile on bail by a Juvenile Court is provided u/s 18 of the Act. In such a situation, what order should be passed by a court of Sessions or by the High Court on the bail application if it is satisfied that the accused is a child under the Act and there is nothing on the record to show that his release is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice. (20). Sub-section (3) of Section-7, as referred above, expressly provides that the powers conferred on the Board or Juvenile Court by or under this Act may also be exercised by the High Court and the Court of Sessions, when the proceeding comes before them in appeal, revision or otherwise. (21). The word proceeding has not been defined under the Act. (20). Sub-section (3) of Section-7, as referred above, expressly provides that the powers conferred on the Board or Juvenile Court by or under this Act may also be exercised by the High Court and the Court of Sessions, when the proceeding comes before them in appeal, revision or otherwise. (21). The word proceeding has not been defined under the Act. The Random House Dictionary of the English Language has defined the word proceeding as under: — "a particular action or course of action, an action or a course of action, or conduct, the act of a person or thing that proceeds, proceedings, an activity continuing for some time, the instituting or carrying on of an action at law, legal step or measure." (22). Keeping in view the intent of the Act as revealed from the provisions contained under section 18 of the Act, I am of the view that the word proceeding should be given a wide interpretation so as to include an application for grant of bail. The power of the Juvenile Court can, therefore, be exercised by the High Court or by the Court of Sessions as provided under sub- seclion(3) of Section-7 of the Act. This interpretation shall be in consonance with the spirit of the Act which is a social and beneficial legislature. The learned Sessions Judge was, therefore, not right in not deciding the petitioners bail application on merits. While dealing with an application for grant of bail, the Court of Sessions or High Court acts as a Juvenile Court and is empowered to release the accused on bail in exercise of the powers u/s. 18 of the Act. The learned Sessions Judge has recorded a definite finding that the petitioner is a child, as such, he is entitled to be released on bail u/s 18 of the Act as there is nothing on the record to believe that the release of the petitioner is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice. (23). Consequently, this application is allowed and it is, therefore, directed that the petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs. (23). Consequently, this application is allowed and it is, therefore, directed that the petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs. 5,000/- (Five thousand only) of his father or natural guardian and one surety in the like amount to the satisfaction of the Sessions Judge, Kota for his appearance in the concerned Juvenile Court or any other court on all the dates of hearing and as and when called upon to do so. (24). The I.O. is also directed to proceed against the petitioner under the Act if a charge-sheet is filed against him. It is however made clear that the Juvenile Court shall be free to make an enquiry about the age of the petitioner in case the Investigating Agency disputes that the petitioner is not a child within the meaning of the Act. A copy of this order be sent to the Sessions Court, Kota, as well as, the concerned I.O. for doing the needful.