Koshy, J.

This Bail Application was referred by learned single Judge (Justice K. Padmanabhan Nair) expressing doubts in certain observations made by another learned Single Judge in Roshy v. State of Kerala (2005 (3) KLT 796). Petitioner in this bail application is the first accused in CR.No.39 of 2005 of Excise Range Office, Ottappalam, registered under Sections 57(a), 57A(1)(iii) and 57A(3) of the Abkari Act 1 of 1077 (in short ‘the Act’) and Section 22 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). At about 3.30 p.m. on 2.9.2005, the Preventive Officer, Excise Enforcement and Anti-narcotic Special Squad along with party went to the Toddy Shop No.33/05-06 of Ottappalam Excise Range, to which the petitioner was the licensee, and took sample in accordance with Rule 8 of the Kerala Abkari Shops Disposal Rules, 2002 from the toddy stored in the toddy shop for sale and it was sent for analysis. On examination, it was found that Diazepam, a psychotropic substance was added to the toddy stored for sale. On getting the result from the Chemical Examiner, the case was registered against the petitioner. According to the petitioner, Section 57A of the Abkari Act