This is an application filed by the accused in F.I.R. Case No. 58(6)66 of Kangpokpi Police Station under Section 498 of the Criminal Procedure Code to enlarge the petitioners on bail.

2. The case of the prosecution is that 32½ Kg. of gunpowder were seized on 13-6-1966 from Vehicle No. MNS 4691 by the Officer in charge of Kangpokpi Police Station when the first petitioner of Kohima was bringing the same from Imphal for causing danger to human life and property, that the first petitioner pointed out the second petitioner as his supplier and that the petitioners are liable to be punished under section 5 of the Explosive Substances Act (Act 6 of 1908).

3. The first petitioner was arrested on 13-6-1966 and the second petitioner was arrested on 14-9-1966. The petitioners moved the Committing Magistrates Court, the Sessions Court and this Court previously for bail. But, bail was refused.

4. The contention of the learned counsel for the petitioners is that the offence, even if it is true, falls under section 6(3) of the Indian Explosives Act 4 of 1884, that it is a bailable offence and that, therefore, the petitioners are entitled to bail. Indian Explosives Act 4 of 1884 was enacted