TEJ SHANKAR, J. ( 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. 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 person is a Juvenile or not and incase he is juvenile the proceedings has to be sent to the competent authority having jurisdiction. In the case in hand, the accused was produced before the special judge constituted under the N. D. P. S. Act. It will be useful to mention here that this Act i. e. the N. D. P. S. Act, is of the year 1985 whereas the Juvenile Justice Act is of the year 1986. It, therefore, goes without saying that the provisions of the Juvenile Justice Act over-ride the provisions of the N. D. P. S. Act. In other words, it can be said that if a person is a Juvenile he has to be dealt with in accordance with the provisions of the Juvenile Act No doubt, section 36-A of the N. D. P. S. . Act does make a provision that notwithstanding anything contained in the Cr. P. C. all offences under the Act have to be tried only by the special Court. Thus, irrespective of this provision a Juvenile has to be dealt with under the Juvenile Justice Act, as said above, because the Juvenile Justice Act has an. over-riding effect over all the law existing at the time of the enforcement of the said Act which is later than the N. D. P. S. Act. In this view of the matter, if a person is brought before the special Court who claims himself to be juvenile within the Juvenile justice Act, it is the duty of the special Judge to make an enquiry about the fact as to whether a person claims himself to be a juvenile is a juvenile or not and in case the special Judge or the Magistrate before whom the accused is produced comes to the conclusion that the person is a juvenile he has to be dealt with in accordance with the provisions of section 8 of the Juvenile Justice Act. On the other hand, if he comes to the conclusion that he is not a juvenile, the general law has to be followed. On the other hand, if he comes to the conclusion that he is not a juvenile, the general law has to be followed. ( 5 ) IN the present case, the applicant has claimed that he is a juvenile i. e. below 16 years of age and in support of his contention a photo copy of the Prathmik Pramanpatra Pareeksha Varsh 1991 has been filed which goes to show that his date of birth is 16/6/1979. Thus, prima facie, it does support the contention of the learned counsel for the applicant that the petitioner is a juvenile. This observation will have no bearing on the enquiry which has to be conducted by the special judge with respect to the facts as to whether the petitioner is a juvenile or not. Section 18 of the Juvenile Justice Act makes a provision for bail and custody of juveniles and under this section, bail to a juvenile can be refused only it there appears 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. The Court refusing the bail on this ground has also to give reasons for this. The contention of the learned counsel for the State is that accused is about 18 years of age, there is not much difference in the age claimed by the applicant and the prosecution. This fact has to be determined by means of an enquiry. The enquiry has to be held after giving both the parties an opportunity of adducing evidence on this point. As no enquiry has been conduced so far and, prima facie, in view of the school certificate filed the accused-applicant appears to be juvenile, it will be in the fitness of things that the applicant should be released on bail for a short period i. e. for the period upto which the enquiry is conducted by the special judge and once after enquiry it is found that the applicant is a juvenile the learned special judge shall follow the procedure laid down in section 8 of the Juvenile Justice Act and in case he is not found juvenile, he has to be dealt with in accordance with the general law. It is, therefore, directed that the accused-applicant shall be released on bail on his furnishing personal bond of himself as well as of his father of Rs. 25,000. 00 with two sureties in the like amount each to the satisfaction of the Special Judge concerned till the enquiry is concluded. He shall appear on each and every date before the learned special Judge and shall surrender on the date the order of enquiry is passed. Learned Special Judge shall take him into custody and if he is a juvenile he shall forward him to the Juvenile Court in accordance with the procedure laid down in section 8 and in case he is not juvenile he shall deal in accordance with general law. The applicant shall have to apply afresh for bail in either of the two cases before the competent Court and the application shall be dealt with in accordance with law. Petition allowed accordingly. .