( 1 ) THIS is a bail application in respect of an offence under The Narcotic Drugs and Psychotropic Substances Act 1985 985 grams of brown sugar valued at Rs. 59 100 is the subject matter the offence. On 23-9-1957 the Preventive Officer of Central Excise Headquarters Office Ahmedabad bad received an information to the effect that accused No. 1-Bharatji was to deliver brown sugar to accused No. 2-Bansi G. Chauhan at about 1-00 oclock. As a result of this information there were watch search and seizure and it quantity of 985 grams of foreign brown sugar valued at Rs. 59 100 was seized under a panchnama.

( 2 ) THE accused No. 3 the present petitioner was not present and was not shown to be involved in the offence. However it appears from the statements of accused Nos. 1 and 2 that this narcotic drug i. e. brown sugar was supplied by the present petitioner-accused No. 3 about a week before its seizure and was given for disposal and preservation. The statements of the co-accused were recorded by the authorised officer of Excise Department under See. 67 of the Act. Accused No. 2 has stated that this muddamal was supplied by the petitioner about seven days before its seizur