N. L. TIBREWAL, J.

( 1 ) HEARD. The petitioner is being required in a criminal case on the allegation of smuggling silver and gold. The contention of learned counsel for the petitioner is that the officials of the Excise Department want to harass the petitioner, as such, he should be granted prearrest bail.

( 2 ) FROM the order of the learned sessions Judge, it does not appear that there is no evidence against the petitioner - at this stage. I am of the view that the Investigating Agency should be free in investigating such matters which seriously effect the economy of the country. The contention of learned counsel for the petitioner that he has duty paid slip in his possession about gold, can also be produced before the Investigating Agency.

( 3 ) IN my view, no case the pre-arrest bail U/s. 438 Cr. P. C. is made out. The application is rejecte